Opinion
2023 CW 0879
10-12-2023
THREE RIVERS COMMONS OWNERS' ASSOCIATION, INC. v. DONNA GRODNER, ET AL
Donna Grodner, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 171319.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT GRANTED IN PART AND DENIED IN PART WITH ORDER. Louisiana Code of Civil Procedure article 2128 provides that "within three days, exclusive of holidays, after taking the appeal the appellant may designate in a writing filed with the trial court such portions of the record which he desires to constitute the record on appeal." On August 11, 2023, relator, Donna Grodner, filed a motion seeking to designate the record with "only those documents that fall after ... those listed on the index from Appeal Record 2023 CA 0050." While Ms. Grodner's motion seeking to designate the record was not filed within the deadline afforded by Article 2128, there appears to be no prejudice to any of the parties if the record is designated as requested by Ms. Grodner. Even so, any record filed with this court must also meet the minimum record requirements provided in Local Rule 5 of the Louisiana Court of Appeal, First Circuit. Accordingly, we reverse, in part, the trial court's August 14, 2023 judgment that denied Ms. Grodner's motion to designate the record on appeal. The trial court clerk's office is hereby ordered to prepare the appeal record in accordance with Local Rule 5 of the Louisiana Court of Appeal, First Circuit, and to include any additional documents designated in Ms. Grodner's "Motion to Designate Record" that are not specifically described in Local Rule 5. To the extent Ms. Grodner seeks permission of this court to use the record in 2023 CA 0050, the writ is denied.
CHH
SMM
McClendon, J., concurs. Ms. Grodner should file any appropriate motion to use the companion record in 2023 CA 0050 once the underlying record is lodged with this court. See Uniform Rules of Louisiana Courts of Appeal, Rule 2-1.14.