National Collegiate Student Loan Trust 2006-3 v. John T. Watson

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NUMBER 2020 CA 0552

NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006- 3

VERSUS

JOHN T. WATSON

Judgment Rendered: DEC 1 0 2020

Appealed from the
Twenty -Second Judicial District Court
In and for the Parish of St. Tammany, Louisiana
Docket Number 2018- 13761

Honorable Reginald Badeaux, III, Judge Presiding

Michael L. Lancaster Counsel for Plaintiff/Appellant,
M. Reah Linton National Collegiate Student Loan Trust

Gregory M. Eaton 2006-3
Baton Rouge, LA

Justin H. Homes
Bryan C. Shartle
Metairie, LA

John T. Watson Defendant/ Appellee,
Mandeville, LA In Proper Person

BEFORE: WHIPPLE, C.J., WELCH, AND CHUTZ, JJ.

WHIPPLE, C.J.

In this appeal, plaintiff challenges the trial court' s judgment, granting

defendant' s exception of no right of action and dismissing its suit with prejudice.

For the reasons that follow, we grant plaintiffs motion to dismiss the appeal and

recall our show cause order.

FACTS AND PROCEDURAL HISTORY

On August 3, 2018, plaintiff, National Collegiate Student Loan Trust 2006-

3, filed suit against defendant, John T. Watson, to collect an outstanding sum

allegedly due on a student loan. Defendant filed an answer in which he

specifically pled various exceptions, including a dilatory exception of lack of

procedural capacity and. peremptory exceptions of no right of action, no cause of

action, and prescription. Following a hearing on the exceptions, the trial court

signed a judgment dated August 12, 2019, granting defendant' s exception of no

right of action and dismissing plaintiff's suit with prejudice.

Plaintiff filed a motion for new trial, which,
following a hearing on the

motion, was denied by judgment dated November 6, 2019. 1 Notice of the trial

court' s judgment denying plaintiffs motion for new trial was mailed to counsel of

record on November 20, 2019.

Plaintiff thereafter sought to devolutively appeal the trial court' s August 12,

2019 judgment, and the trial court later signed an order of devolutive appeal on

March 4, 2020. After the appeal was docketed, the matter was scheduled for oral

argument in this court on November 4, 2020, but was continued due to an

outstanding show cause order and briefing schedule. Prior to the expiration of that

briefing schedule, plaintiff filed a motion to dismiss the appeal.

Plaintiff actually filed its motion for new trial on July 3, 2019, before the trial court' s
judgment was signed on August 12, 2019. However, the technical prematurity of the motion for
new trial was cured upon the trial court' s signing of the August 12, 2419 judgment. Succession
of Simms, 2019- 0936 ( La. App. 1St Cir. 2/ 21/ 20), 297 So. 3d 110. 113 n. 3.

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DISCUSSION

Where there has been no timely answer to the appeal or other formal action

to amend or modify the judgment on appeal., the appellant may, by ex parte

motion, have the appeal dismissed with Ieave of court. Uniform Rules ---Courts of

Appeal, Rule 2- 8. 4. In the instant appeal, defendant has not answered the appeal

or sought to amend or modify the judgment on appeal. Accordingly, we grant

plaintiffs motion to dismiss appeal. See Heine v. City/Parish of East Baton

Rouge, 2001- 1927 ( La. App. I" Cir. 9/ 27/ 02), 835 So. 2d 558, 559- 560.

CONCLUSION

For the above and foregoing reasons, the show cause order issued in this

case is hereby recalled, the plaintiff's motion to dismiss the appeal is granted, and

the plaintiff' s appeal of the August 12, 2019 judgment is dismissed. Costs of this

appeal are assessed against National Collegiate Student Loan Trust 2006- 3.

APPEAL DISMISSED.

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