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STATE of Louisiana, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT-DISASTER RECOVERY UNIT v. Kiesha Moreira
WRIT GRANTED FOR LIMITED PURPOSE
Relator Keisha Moreira seeks supervisory review of the trial court's judgment denying her peremptory exception of peremption. The writ application indicates that at the same hearing, the trial court also considered and granted plaintiff's motion for summary judgment which fully determined the merits of the action. The judgment for which relator seeks supervisory review is an interlocutory judgment reviewable as part of an appeal of the judgment granting plaintiff's motion for summary judgment, which judgment on plaintiff's motion for summary judgment is a final, appealable judgment pursuant to La. C.C.P. art. 1841. As such, under the particular procedural posture of this case, relator's proper remedy is an appeal, not an application for supervisory writs.
We therefore grant this writ application for the limited purpose of remanding the matter to the trial court with instructions to construe relator's notice of intent as a timely motion for appeal.
Gretna, Louisiana, this 12th day of January, 2022.
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Docket No: NO. 21-C-711
Decided: January 12, 2022
Court: Court of Appeal of Louisiana, Fifth Circuit.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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