Opinion
08-26-2013
STATE OF LOUISIANA v. ROBERT MAGIDSON
In Re: Robert Magidson, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 371799.
BEFORE: PARRO, GUIDRY AND DRAKE, JJ.
WRIT GRANTED WITH ORDER. Expungement matters are reviewed by this court under its civil appellate jurisdiction. See State v. Tillman, 42,688 (La. App. 2d Cir. 11/14/07), 969 So.2d 824 . The district court's ruling of March 18, 2013, denying relator's motion to expunge will be an appealable, civil judgment once a written judgment is signed by the trial judge dismissing petitioner's claims and containing proper decretal language identifying (a) the party in whose favor the judgment is rendered, (b) the party against whom the judgment is rendered, and (c) the relief granted or denied. La. Code Civ. P. art. 1918. See Carter v. Williamson Eye Center, 2001-2016 (La, App. 1st Cir. 11/27/02), 837 So.2d 43, 44 . See also Johnson v. Mount Pilgrim Baptist Church, 2005-0337 (La. App. 1st Cir. 3/24/06), 934 So.2d 66. The signed and dated "order" included in this writ application does not contain proper decretal language.
Since relator filed a timely notice of intent to seek writs, the writ is granted for the limited purpose of remanding the case to the district court with instructions to grant the relator an appeal, once a written judgment has been signed, pursuant to relator's notice of intent to seek writs and request for a return date order, filed on April 16, 2013. See In Re Howard, 541 So.2d 195, 197 (La. 1989). Additionally, a copy of this Court's order is to be included in the appellate record.
EGD
RHP
JMG
COURT OF APPEAL, FIRST CIRCUIT _______________
DEPUTY CLERK OF COURT
FOR THE COURT