STATE v. JOHNSON (2019)

Court of Appeal of Louisiana, Fifth Circuit.

STATE of Louisiana o/b/o T. J. & T. J. Minor Children of Tomika Clofer v. Dexter JOHNSON

NO. 19-C-538

Decided: November 18, 2019

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson

WRIT GRANTED FOR LIMITED PURPOSE; REMANDED

Relator/defendant, Dexter Johnson, appearing pro se, seeks this Court's supervisory review of the trial court's October 11, 2019 judgment granting the State's exception of res judiciata and denying relator's Motion for Nullity of Judgment. Upon review, we find that this judgment is a final judgment under La. C.C.P. art. 1841, and thus must be reviewed by this Court under our appellate jurisdiction, rather than under our supervisory jurisdiction.¹

Accordingly, under the circumstances presented, this writ application is granted for the limited purpose of remanding the matter to the district court for the district court to consider relator's Notice of Intent to Seek Writs, filed on October 14, 2019, as a timely-filed motion for an appeal.

FOOTNOTES

1. This Court informed relator in our response to his previous writ application on a “Petition to Annul Judgment” in a different case that a motion for appeal is the proper procedure to seek supervisory review.

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