Jason Christopher Shaffette v. City of Slidell and St. Tammany Parish Government

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JASON CHRISTOPHER SHAFFETTE NO. 2021 CW 0713

VERSUS

CITY OF SLIDELL AND ST. OCTOBER 5, 2021
TAMMANY PARISH GOVERNMENT

In Re: City of Slidell and St. Tammany Parish Government,
applying for
supervisory writs, 22nd Judicial District
Court, Parish of St. Tammany, No. 201611791.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

STAY DENIED; WRIT GRANTED IN PART WITH ORDER; DENIED IN
PART. The trial 26, 2021 judgment
court' s May granting
plaintiff' s, Jason Christopher Shaffette' s, Motion for Leave to
File Second Supplemental and Amending Petition and ordering
plaintiff' s
Second Supplemental and Amending Petition filed into
the record of the trial court proceedings, and the portion of
the trial court' s June 29, 2021 judgment granting plaintiff' s

Motion to Confirm November 13, 2019 Judgment, are reversed. The
trial court signed a judgment on September 10, 2019 dismissing
plaintiff' s suit with prejudice. Therefore, the trial court

lacked authority to the
subsequently allow
filing of a
supplemental and See Templet v. Johns, 417
amending petition.
So. 2d 433, 434- 35 ( La. App. 1st Cir.), writ denied, 420 So. 2d
981 ( La. 1982); Reno v. Perkins Engines, Inc., 98- 1686 ( La. App.
1st Cir. 9/ 24/ 99), 754 So. 2d 1032, 1033, writ denied, 99- 3058
La. 1/ 7/ 00), 752 So. 2d 863. We also find the trial court was
divested of jurisdiction to the
allow filing of plaintiff' s
second supplemental and petition the trial
amending once court
signed an order devolutive
granting plaintiff a appeal on

October 21, 2020. See Jordan v. Willis -Knighton Med. Ctr.,
40, 564 ( La. App. 2d Cir. 1/ 25/ 06), 920 So. 2d 368. Accordingly,
plaintiff' s Motion for Leave to File Second Supplemental and

Amending Petition and Motion to Confirm November 13, 2019
Judgment are denied. Furthermore, we find the trial court

abused its by discretion
granting plaintiff' s request to
continue the hearing on the Joint Motion to Dismiss Appeal filed
by defendants, the City of Slidell and St. Tammany Parish
Government, and therefore vacate the portion of the trial
court' s June 29, 2021 judgment granting the continuance. The
trial court is ordered to promptly hold a hearing and rule on

the motion to dismiss appeal, in accordance with La. Code Civ.
P. art. 2126. In all other respects, the writ is denied.

VGW
AHP
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYC ERK OF COURT
FOR THE COURT