Jeff Mercer, Llc v. State Of Louisiana Through The Department Of Transportation And Development, Willis Jenkins, John Eason, And Pam Higginbotham

Supreme Court of Louisiana
May 11, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JEFF MERCER, LLC
VS.
STATE OF LOUISIANA THROUGH THE
DEPARTMENT OF TRANSPORTATION AND
DEVELOPMENT, WILLIS JENKINS, JOHN
EASON, AND PAM HIGGINBOTHAM
No. 2020-CC-01386
_ _
_ _ _ _
I
N RE: Jeff Mercer, LLC – Applicant Plaintiff; Applying for Rehearing, Parish of
Ouachita, 4th Judicial District Court Number(s) C -20073151, Court of Appeal,
Fourth Circuit, Number(s) 2020-C-0488;
_ _ _ _ _ _
May 11, 2021
Rehearing granted for the sole purpose of correcting decree. See Per Curiam
Hughes, J., would grant rehearing.
Griffin, J., would grant rehearing.
McCallum, J., recused.
JDH
JLW
SJC
JTG
WJC
PDG
05/11/2021 "See News Release 019 for any Concurrences and/or Dissents."

05/11/21
S
UPREME COURT OF LOUISIANA
NO. 20
20-CC-01386
J
EFF MERCER, LLC
VS
.
S
TATE OF LOUISIANA THROUGH THE DEPARTMENT OF
TRANSPORTATION AND DEVELOPMENT, WILLIS JENKINS,
JOHN EASON, AND PAM HIGGINBOTHAM
ON R
EHEARING
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), __ So.3d __. 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, Je ff
Mercer, LLC, against these defendants is dismissed with
prejudice.
I
n all other respects, rehearing is denied, and our judgment of March 9, 2021
is affirmed.
* McCallum, J. recused.