Jeff Mercer, LLC v. State of Louisiana, Through the Department of Transportation and Development, Willis Jenkins, John H. Eason and Pam Higginbotham

JEFF MERCER, LLC * NO. 2020-CA-0631

VERSUS *
COURT OF APPEAL
STATE OF LOUISIANA, *
THROUGH THE FOURTH CIRCUIT
DEPARTMENT OF *
TRANSPORTATION AND STATE OF LOUISIANA
DEVELOPMENT, WILLIS *******
JENKINS, JOHN H. EASON
AND PAM HIGGINBOTHAM

APPEAL FROM
4TH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
NO. 2007-3151, “DIVISON C”
Honorable Wilson Rambo, Judge
******
Judge Rosemary Ledet
******
(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge
Rosemary Ledet)

David P. Doughty
John B. Hoychick
COTTON, BOLTON, HOYCHICK & DOUGHTY, LLP
607 Madeline Street
P. O. BOX 857
Rayville, LA 71269

COUNSEL FOR PLAINTIFF/APPELLEE

Michael H. Rubin, Appeal Counsel and
Special Assistant Attorney General
Juston O'Brien, Special Assistant Attorney General
MCGLINCHEY STAFFORD, PLLC
301 Main Street, 14th Floor
Baton Rouge, LA 70801

John B. Saye, Special Assistant Attorney General
HAYES, HARKEY, SMITH, & CASIO, LLP
1500 N. 19th St., Suite #701
Monroe, LA 71201

COUNSEL FOR DEFENDANT/APPELLANT

APPEAL DISMISSED
May 19, 2021

The State of Louisiana, through the Department of Transportation and
RML
Development, Willis Jenkins, John Eason, and Pam Higginbotham (collectively
TFL
“DOTD”) filed this appeal seeking review of the trial court’s August 7, 2020
JCL
judgment. The same August 7, 2020 judgment previously was considered by this

court on DOTD’s application for supervisory writ. (Fourth Circuit Court of Appeal

No. 2020-C-0488). On November 5, 2020, this court denied DOTD’s writ

application. From this court’s ruling denying its writ, DOTD filed a writ

application with the Louisiana Supreme Court. (Louisiana Supreme Court No.

2020-CC-1386). This court issued an order on February 15, 2021, continuing

without date DOTD’s appeal pending the Supreme Court’s issuance of its decision

on DOTD’s writ application.

On May 11, 2021, the Louisiana Supreme Court issued a final decision on

DOTD’s writ application. See La. C.C.P. art. 2167(C) (providing that “[w]hen an

application for rehearing has been applied for timely, a judgment of the supreme

court becomes final and definitive when the application is denied”). As a result of

the Supreme Court’s decision, the plaintiff’s suit against the DOTD has been

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dismissed with prejudice. Accordingly, DOTD’s appeal in this matter is dismissed

as moot.

APPEAL DISMISSED

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