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

Rehearing granted for the sole purpose of correcting decree. See Per Curiam

Considering the motion for clarification or alternative application for rehearing filed by defendants and the application for rehearing filed by plaintiff,

IT IS ORDERED that rehearing be granted for the sole purpose of amending the decree in Jeff Mercer, LLC v. State Department of Transportation, 20-1386 (La. 3/9/21), 312 So.3d 252. The decree is hereby amended to read as follows:

For the reasons assigned, the writ is granted. The judgment of the district court sustaining the peremptory exception raising the objection of no cause of action in favor of defendants, the State of Louisiana through the Department of Transportation and Development, Willis Jenkins, John Eason, Michael Murphy and Barry L. Lacy, is amended to provide that the claim of plaintiff, Jeff Mercer, LLC, against these defendants is dismissed with prejudice.

In all other respects, rehearing is denied, and our judgment of March 9, 2021 is affirmed.

Hughes, J., would grant rehearing. Griffin, J., would grant rehearing. McCallum, J., recused.