MELISSA WEBER v. FAMILY DOLLAR STORES OF LOUISIANA LLC AND COCA COLA BOTTLING COMPANY UNITED INC (2025)

In this personal injury case, plaintiff, Melissa Weber, appeals the trial court's judgment granting the motion for summary judgment filed by defendant, Family Dollar Stores of Louisiana, LLC, and dismissing her claims with prejudice. For the following reasons, we dismiss this appeal.

Procedural History

On September 30, 2024, the trial court signed an order granting Ms. Weber the right to file a devolutive appeal of the trial court's judgment granting defendant's motion for summary judgment and dismissing Ms. Weber's claims.

On December 23, 2024, this court notified the parties that the record had been lodged, the appellant's brief was due on January 17, 2025, and the appellee's brief was due on February 6, 2025. On January 15, 2025, Ms. Weber filed a motion for extension of time, which was granted with a new briefing deadline of February 18, 2025. On February 21, 2025, appellant's counsel verbally informed this court that the parties had settled and that he intended to file a motion to dismiss the appeal. No motion has been filed.

In addition, Ms. Weber did not file a brief by the February 18, 2025 deadline, nor did she file another motion for extension of time to file a brief. As a result, on March 3, 2025, this court sent Ms. Weber's counsel a notice of abandonment. Therein, this court informed Ms. Weber's counsel that the time delays for filing an appellate brief had passed and that the appeal would be dismissed as abandoned if a brief was not filed by April 2, 2025. To date, Ms. Weber has not filed a brief.

Discussion

La. U.R.C.A., Rule 2-8.6 provides as follows:

For civil appeals, if an appellant does not file a brief within the time prescribed by Rule 2-12.7, or any extension thereof granted by the Court of Appeal as provided by Rule 2-12.8, a notice shall be transmitted by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be subject to dismissal 30 days thereafter unless a brief is filed within the 30-day period. If an appellant does not file a brief within 30 days after such notice is transmitted, the appeal shall be subject to dismissal as abandoned.

On March 3, 2025, this court sent the required notice to Ms. Weber's counsel informing counsel that if a brief was not filed by April 2, 2025, the appeal would be dismissed as abandoned. Riley v. Par. of Jefferson, 21-55 (La. App. 5 Cir. 5/19/21), 325 So.3d 1115, 1116; LaFrance v. LaFrance, 15-508 (La. App. 5 Cir. 2/17/16), 186 So.3d 797, 799. To date, Ms. Weber has not filed an appellant's brief. Consequently, she has indicated to this court no intent to pursue her appeal. Thus, we deem Ms. Weber's appeal as abandoned.

Accordingly, we dismiss this appeal pursuant to La. U.R.C.A., Rule 2-8.6.

APPEAL DISMISSED

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

STEPHEN J. WINDHORST

JOHN J. MOLAISON, JR.

SCOTT U. SCHLEGEL

TIMOTHY S. MARCEL

JUDGES

CURTIS B. PURSELL CLERK OF COURT

SUSAN S. BUCHHOLZ CHIEF DEPUTY CLERK

LINDA M. WISEMAN FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY

I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY APRIL 30, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

CURTIS B. PURSELL CLERK OF COURT

24-CA-626

E-NOTIFIED

24TH JUDICIAL DISTRICT COURT (CLERK)

HONORABLE MICHAEL P. MENTZ (DISTRICT JUDGE)

ANTHONY J. MILAZZO, III (APPELLANT)

EVAN J. GODOFSKY (APPELLEE)

JACK E. TRUITT (APPELLEE)

MORGAN J. WELLS, JR. (APPELLEE)

LOU ANNE MILLIMAN (APPELLEE)

MAILED

JENNIFER CORTES-JOHNSON (APPELLEE)

KAYLIN K. STOREY (APPELLEE)

MICHAEL M. ST. ROMAIN (APPELLEE)

MICHELLE M. DAVIS (APPELLEE)

ATTORNEYS AT LAW

1321 OCHSNER BOULEVARD

SUITE 200

COVINGTON, LA 70433

BENJAMIN J. THOMAS (APPELLANT)

ATTORNEY AT LAW

201 ST. CHARLES AVENUE

SUITE 2500

NEW ORLEANS, LA 70170

SETH J. SMILEY (APPELLANT)

ATTORNEY AT LAW

7809 AIRLINE DRIVE

SUITE 200

METAIRIE, LA 70003

STEPHEN J. WINDHORST JUDGE