JEFF MERCER LLC v. STATE THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (2021)

Court of Appeal of Louisiana, Fourth Circuit.

JEFF MERCER, LLC v. STATE of Louisiana, THROUGH the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Willis Jenkins, John H. Eason and Pam Higginbotham

NO. 2020-CA-0631

Decided: May 19, 2021

(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Rosemary Ledet)

David P. Doughty, John B. Hoychick, COTTON, BOLTON, HOYCHICK & DOUGHTY, LLP, 607 Madeline Street, P. O. BOX857, Rayville, LA 71269, COUNSEL FOR PLAINTIFF/APPELLEE Michael H. Rubin, Appeal Counsel and Special Assistant Attorney General, Juston O'Brien, Special Assistant Attorney General, MCGLINCHEY STAFFORD, PLLC, 301 Main Street, 14th Floor, Baton Rouge, LA 70801, John B. Saye, Special Assistant Attorney General, HAYES, HARKEY, SMITH, & CASIO, LLP, 1500 N. 19th St., Suite #701, Monroe, LA 71201, COUNSEL FOR DEFENDANT/APPELLANT

The State of Louisiana, through the Department of Transportation and Development, Willis Jenkins, John Eason, and Pam Higginbotham (collectively “DOTD”) filed this appeal seeking review of the trial court's August 7, 2020 judgment. The same August 7, 2020 judgment previously was considered by this court on DOTD's application for supervisory writ. (Fourth Circuit Court of Appeal No. 2020-C-0488). On November 5, 2020, this court denied DOTD's writ application. From this court's ruling denying its writ, DOTD filed a writ application with the Louisiana Supreme Court. (Louisiana Supreme Court No. 2020-CC-1386). This court issued an order on February 15, 2021, continuing without date DOTD's appeal pending the Supreme Court's issuance of its decision on DOTD's writ application.

On May 11, 2021, the Louisiana Supreme Court issued a final decision on DOTD's writ application. See La. C.C.P. art. 2167(C) (providing that “[w]hen an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied”). As a result of the Supreme Court's decision, the plaintiff's suit against the DOTD has been dismissed with prejudice. Accordingly, DOTD's appeal in this matter is dismissed as moot.

APPEAL DISMISSED

Judge Rosemary Ledet

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