Opinion
NO. 2017 CW 0264
06-01-2017
RUSTEN MAY, BRYAN BOUDREAUX JOHN D. LEWIS, III, ERIC JACKSON AND ALBERT J. WALKER v. DAVID LACERTE, IN HIS CAPACITY AS SECRETARY OF THE LOUISIANA DEPARTMENT OF VETERANS AFFAIRS; AND THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF VETERANS AFFAIRS THROUGH ITS STATE DIRECTOR OF VETERANS AFFAIRS, BILL DIXON
In Re: David LaCerte, in his Capacity as Secretary of the Louisiana Department of Veterans Affairs, and the State of Louisiana through the Department of Veterans Affairs through its State Director of Veterans Affairs, Bill Dixon, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 624049. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM JJ.
WRIT NOT CONSIDERED. This writ application fails to comply with the Uniform Rules of Louisiana Courts of Appeal, Rule 4-5(C)(8), insofar as Defendants', David LaCerte, in his Capacity as Secretary of the Louisiana Department of Veterans Affairs, and the State of Louisiana through the Department of Veterans Affairs through its State Director of Veterans Affairs, Bill Dixon ("Defendants/Relators"), writ application failed to include a copy of the petition. In order for this Court to examine the trial court's ruling, it must be presented with the pleadings on which the judgment was founded.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 4-9 and 2-18.7, Uniform Rules of Louisiana Courts of Appeal.
In the event Defendants/Relators seek to file a new application with this Court, it must contain all pertinent documentation and must comply with Rule 2-12.2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before June 15, 2017 and must contain a copy of this ruling.
VGW
TMH
McClendon, J., dissents and would grant the writ. Plaintiffs did not move for summary judgment nor request the relief granted. See Guillory v. Robideaux, 98-1314 (La. App. 3d Cir. 3/24/99), 733 So.2d 100, 101, citing Smith v. Brooks, 96-1085 (La. App. 3d Cir. 2/5/97), 689 So.2d 544, 547; Abshire v. Hartford Accident and Indem. Ins. Co., 289 So.2d 545, 549 (La. App. 3d Cir.), writ denied, 293 So.2d 170 (La. 1974). See also Stell v. Louisiana Department of Public Safety, 499 So.2d 1211, 1212 (La. App. 5th Cir. 1986). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT