Harold Marcell Parker, Jr. v. Livingston Parish Government (2025)

On Application for Rehearing filed on 10/17/2025 by Joseph Erdey Rehearing ________DENIED. ______

Page McClendon

Walter I. Lanier III

Kelly E. Balfour

McClendon, C.J., concurs. Although Mr. Erdey urges on rehearing that the Open Meetings Law does not authorize attorney's fees to be assessed against him individually, this issue was not raised in his original appeal. It is well settled that an appellate court will not consider an issue that is presented for the first time in an application for rehearing. See Marionneaux v. Smith, 164 So. 456 (La.App. 1 Cir. 1935) and Doucet v. Champagne, 94-1631 (La.App. 1 Cir. 4/7/95), 657 So.2d 92, 99-100 (on rehearing)(per curiam), writs denied, 95-1759, 95-1887 (La. 11/3/95), 661 So.2d 1379, cert. denied sub nom., Louisiana DOTD v. Doucet, 517 U.S. 1120, 116 S.Ct. 1353, 134 L.Ed.2d 522 (1996).

Rodd Naquin, Clerk