CHRISTOPHER CLEMENT SR AND SHERRY CLEMENT v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT PARISH OF LAFAYETTE AND CITY OF LAFAYETTE (2025)

Court of Appeal of Louisiana, Third Circuit.

CHRISTOPHER L. CLEMENT, SR. AND SHERRY H. CLEMENT v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, PARISH OF LAFAYETTE AND CITY OF LAFAYETTE

24-256

Decided: November 19, 2025

Court composed of Elizabeth A. Pickett, Van H. Kyzar, and Charles G. Fitzgerald, Judges.

Elizabeth Murrill Attorney General Cearley W. Fontenot Daniel J. Phillips Special Assistant Attorneys General Oats & Marino 100 East Vermilion Street, Suite 400 Lafayette, LA 70501 (337) 233-1100 COUNSEL FOR DEFENDANT-APPELLANT: State of Louisiana, Department of Transportation and Development Kevin S. Frederick Frederick Law Firm P. O. Box 52880 Lafayette, LA 70505 (337) 269-5143 COUNSEL FOR PLAINTIFF-APPELLEE: Christopher L. Clement, Sr. Lawrence N. Curtis Lawrence N. Curtis, Ltd. 1408 West Pinhook Road Lafayette, LA 70503 (337) 235-1825 COUNSEL FOR PLAINTIFF-APPELLEE: Christopher L. Clement, Sr. Anthony M. Fazzio Attorney at Law 4906 Ambassador Caffrey Parkway, Building J, Suite 1000 Lafayette, LA 70508 (337) 406-1122 COUNSEL FOR PLAINTIFF-APPELLEE: Sherry H. Clement Michael D. Hebert James P. Doherty, III Becker & Hebert, LLC 201 Rue Beauregard Lafayette, LA 70508 (337) 233-1987 COUNSEL FOR DEFENDANT-APPELLEE: Lafayette City-Parish Consolidated Government

In our original opinion, we reversed the judgment of the trial court ordering the State, through the Department of Transportation and Development, to pay the court costs of the Lafayette Consolidated Government but affirmed the judgment in all other respects. Lafayette Consolidated Government has applied for a rehearing, asking this court to clarify whether plaintiffs, Christopher and Sherry Clement, should bear Lafayette's court costs. The judgment of the trial court granted Lafayette's Motion to Tax Court Costs, and that motion sought court costs from the Clements.

We grant the rehearing for the limited purpose of remanding the case to the trial court for a hearing to determine whether the Clements or Lafayette should be assessed with Lafayette's court costs. In all other respects, we maintain our original opinion.

REHEARING GRANTED. REMANDED WITH INSTRUCTIONS.

ELIZABETH A. PICKETT CHIEF JUDGE

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