WHITNEY HAMPTON v. STEPHANIE LEWIS (2026)

Appellant, Stephanie Lewis (“Ms. Lewis”), pro se, appeals the January 27, 2026 judgment on the motion to enforce judgment awarding and assessing costs and attorney's fee. Ms. Lewis also appeals the May 5, 2026 judgment dismissing the motion to review and amend attorney's fee award and for reimbursement. For the reasons that follow, we dismiss the appeal as abandoned.

FACTS AND PROCEDURAL BACKGROUND

On April 5, 2024, Dr. Whitney Hampton (“Dr. Hampton”) filed a petition for protection from stalking against Ms. Lewis. Dr. Hampton alleged that she treated Ms. Lewis in the emergency department at Ochsner Medical Center on October 25, 2022. Dr. Hampton further alleged that she issued a Physician Emergency Certificate, which led to Ms. Lewis's placement under temporary psychiatric hold. Dr. Hampton asserted thereafter, Ms. Lewis began to repeatedly harass and threaten her and her family through telephone calls, text messages, social media postings, and an uninvited home visit.

An order of protection was issued on May 13, 2024. Additionally, on August 9, 2024 a judgment assessing costs and attorney's fee was issued.¹ Thereafter, on May 5, 2025, Dr. Hampton filed a motion to enforce the August 9, 2024 judgment and for contempt and sanctions. The district court held a hearing on the motion to enforce on January 8, 2026. On January 27, 2026, the district court signed a judgment deferring the motion for contempt and sanction, and granting the motion to enforce.

On February 11, 2026, counsel for Dr. Hampton issued notice to the district court that the judgment on the motion to enforce had been satisfied in full by Ms. Lewis through delivery of a check. On March 10, 2026, Ms. Lewis moved to review and amend attorney's fee award and for reimbursement. On March 25, 2026, Ms. Lewis moved for a devolutive appeal in relation to the motion to enforce.

Thereafter, a hearing was held on April 15, 2026, on the motion to review and amend attorney's fee award and for reimbursement. The district court signed a judgment on May 5, 2026, dismissing the motion without prejudice. Ms. Lewis filed a second motion for devolutive appeal on April 28, 2026. This appeal follows.

DISCUSSION

The record in this matter was received on June 24, 2026. On same date, Ms. Lewis received notice of the briefing deadlines. Ms. Lewis's brief was due on July 20, 2026, and Dr. Hampton's brief was due on August 10, 2026. On August 10, 2026, the Clerk of Court issued a Notice to Ms. Lewis, informing her that her appellant brief had not been received and that her appeal shall be dismissed within thirty days of the mailing of the notice unless her appellant's brief is filed in the meantime.

On October 21, 2026, Dr. Hampton moved to dismiss the appeal as abandoned. On the same date, Ms. Lewis filed an opposition to the motion to dismiss. Ms. Lewis also moved for leave to file an out of time appellant brief and to set a fourteen-day filing deadline.

Uniform Rules, Courts of Appeal, Rule 2-8.6 provides,

For civil appeals, if an appellant does not file a brief within the time prescribed by Rule 2-12.7 2 or any extension thereof granted by the court as provided by Rule 2-12.8, a notice shall be transmitted by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 30 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 30 days after such notice is transmitted, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in Rule 2-12.7 for the appellee to file a brief, the appellee's brief shall be filed within 20 days from the due date shown on the notice of abandonment.

Ms. Lewis failed to comply with the Uniform Rules by not filing her appellant brief, even after notice that her appeal would be dismissed pursuant to Uniform Rules, Courts of Appeal, Rule 2-8.6. Ms. Lewis also did not seek a motion for extension of time to file her brief until October 21, 2026, after the thirty-day period expired and after Dr. Hampton filed a motion to dismiss the appeal. Accordingly, Ms. Lewis's appeal is deemed abandoned and is dismissed in accordance with Uniform Rules, Courts of Appeal, Rule 2-8.6.

APPEAL DISMISSED

FOOTNOTES

1.   Ms. Lewis owed a total of $7,829.50, which was due on August 14, 2024.

2.   Uniform Rules, Courts of Appeal, Rule 2-12.7 provides:The brief of the appellant shall be filed not later than 25 calendar days after the lodging of the record in the court, and the brief of the appellee shall be filed not later than 45 calendar days after the lodging of the record in the court. The reply brief, if any, of the appellant shall be filed not later than 10 calendar days after the appellee brief is filed.Unless otherwise directed by the court in the notice of lodging, in the case of a timely order of appeal being obtained by a litigant subsequent to an earlier order of appeal obtained by a different litigant, the brief on behalf of the litigant whose order of appeal bears the earlier date shall be due in accordance with the provisions of the appropriate Rule regarding the appellant. The brief on behalf of the litigant whose order of appeal bears the later date shall be due in accordance with the provisions of the appropriate Rule regarding the appellee.

JUDGE SANDRA CABRINA JENKINS