Carla Jenkins v. Iisha Johnson

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CARLA JENKINS NO. 2019 CW 0985

VERSUS

IISHA JOHNSON JULY 29, 2019

In Re: Iisha Johnson, applying for supervisory writs, Bogalusa

City Court, Parish of Washington, No. 61167- 19.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. The trial court' s

Notice of Estimated Costs for Appeal" is vacated. The trial
court granted pauper status to defendant, Iisha Johnson, and

accordingly, she is not required to prepay the costs listed for
transcript of hearing, certified copies of transcript and copy
of file, totaling $ 460. 00. See La. Code Civ. P. art.

5185( A)( 1). Furthermore, we find the trial court abused its
discretion in setting the suspensive appeal bond in the amount

of $ 6, 000. 00. An alternative in such cases in the setting of

such bonds is to require the appealing party to pay her rent

into the registry of the court each month as it becomes due, and

we find that this alternative would be reasonable herein.
Accordingly, we remand this matter with instructions to the
trial court to set the suspensive appeal bond in this manner.

JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

D MT& CLERK OF COURT
FOR THE COURT