Opinion
23-C-485
10-16-2023
SHONDRELL PERRILLOUX A QUALITY TOUCH COMMERICAL BUILDERS LLC v. JEFFERSON PARISH BY AND THROUGH ITS COMMUNITY DEVELOPMENT DEPARTMENT AND NEW ORLEANS EDUCATION LEAGUE FOR THE CONSTRUCTION INDUSTRY (NOEL) IN RE SHONDRELL PERRILLOUX
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III, DIVISION "D", NUMBER 828-544
Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Robert A. Chaisson
WRIT GRANTED FOR LIMITED PURPOSE
Relators, Shondrell Perrilloux and A Quality Touch Commercial Builders LLC, seek this Court's supervisory review of a judgment dated September 12, 2023 which granted a Joint Motion to Dismiss with Prejudice filed by defendants, the Parish of Jefferson and New Orleans Education League for the Construction Industry, dismissing with prejudice all claims and causes of action asserted in the Petition for Writ of Mandamus and/or Injunctive Relief filed by plaintiffs, Shondrell Perrilloux and A Quality Touch Commercial Builders LLC.
Upon review, we find that the September 12, 2023 judgment is a final judgment, as per La. C.C.P. art. 1841, which provides, in pertinent part, that "[a] judgment that determines the merits in whole or in part is a final judgment," and thus is reviewable under this Court's appellate jurisdiction, rather than its supervisory jurisdiction.
Accordingly, under the circumstances presented, the writ application is granted for the limited purpose of remanding the matter to the district court for it to consider relators' "Notice of Intent to File Writ," filed in the district court on September 19, 2023, as a timely filed motion for an appeal.
JGG
MEJ
RAC