Opinion
2021 CW 1372
02-14-2022
STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT-DISASTER RECOVERY UNIT v. MICHELLE STEWART AND RAYMOND ALCINDOR A/K/A RAYMOND MARC STEWART
Michelle Stewart and Raymond Alcindor, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2020-10220.
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
WRIT GRANTED WITH ORDER.
The district court's September 17, 2021 judgment granting the motion for summary judgment filed by plaintiff, State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit, and rendering judgment in favor of plaintiff, and against defendants, Michelle Stewart and Raymond Alcindor a/k/a Raymond Marc Stewart, in the amount of $30,000.00, together with legal interest from the date of judicial demand, January 15, 2020, until paid, attorney's fees in the amount of $750.00, and court costs, is a final, appealable judgment. See La. Code Civ. P. arts. 1841 & 2083(A). An appellant is entitled to seek review of all adverse interlocutory rulings in an unrestricted appeal from a final judgment. See Landry v. Leonard J. Chabert Med. Ctr., 2002-1559 (La.App. 1st Cir. 5/14/03), 858 So.2d 454, 461 n. 4, writs denied, 2003-1748, 2003-1752 (La. 10/17/03), 855 So.2d 761. Accordingly, the writ application is granted for the limited purpose of remanding the case to the district court with instructions to grant an appeal to defendants pursuant to the notice of intent to seek supervisory writs. See In re Howard , 541 So.2d 195, 196 (La. 1989) (per curiam). In the event defendants seek to appeal the district court's judgment, they shall submit a new order for appeal to the district court within thirty days of this order. Additionally, a copy of this court's order is to be included in the appellate record.
PMc
JEW
Theriot, J., dissents and would deny the writ.