Sherman Williams v. Analytic Stress Relieving, Inc. and CF Industries Nitrogen, LLC

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

A I J Irl
2022 CA 0979

SHERMA.N WILLIAMS

VERSUS

ANALYTIC STRESS RELIEVING, INC. AND CF INDUSTRIES
NITROGEN, LLC.

DATE OF JUDGMENT. MAR 13 2024

ON APPEAL FROM THE TWENTY THIRD JUDICIAL DISTRICT COURT
PARISH OF ASCENSION, STATE OF LOUISIANA
NUMBER 118417, DIVISION C

HONORABLE KATHERINE TESS STROMBERG, JUDGE

Robert Campbell Counsel for Plaintiff A
- ppellee
Baton Rouge, Louisiana Sherman Williams

Malcolm J. Dugas, Jr.
Gonzales, Louisiana

Ernest Paul Gieger, Jr. Counsel for Defendant -Appellant
John E. W. Baay, I1 Analytic Stress Relieving, Inc.
Morgan A. Druhan
New Orleans, Louisiana

F. Dominic Amato Counsel for Intervenor -Appellee
Denham Springs, Louisiana Apache Industrial Services, Inc.

BEFORE: McCLENDON, THERIOT, CHUTZ, WOLFE, AND HESTER, JJ.
Disposition. MOTION TO DISMISS GRANTED AND APPEAL DISMISSED. ANSWER
DISMISSED.

CHUTZ, J.

Defendant -appellant, Analytic Stress Relieving, Inc. ( ASR), appeals the trial

court' s judgment, granting in part a motion for a judgment notwithstanding the verdict

JNOV) raised by plaintiff a- ppellee, Sherman Williams. Williams filed an answer to

the appeal that he wished to have the court consider in the event it "reverses the trial

court' s Wiling on the motion for [JNOV]."

Prior to oral argument before the fivejudge panel, ASR advised the court that

the matter had settled. In a letter signed by counsel for both ASR and Williams, the

parties jointly withdrew their request for oral argument noting, " We have resolved this

matter with [Williams), via settlement this morning." The letter also stated that counsel

for both Williams and ASR " have signed this letter ... confirming our settlement"

ASR subsequently filed a motion to dismiss its appeal. Williams also sent

correspondence stating that he had no objection to the motion to dismiss. Accordingly,
the motion to dismiss is granted and ASR' s appeal is dismissed.

Because this court did not reverse the trial court' s ruling on its JNOV grant, the

answer is moot. See Cat' s Meow, Ina a City ofNew Orleans, 98- 0601 ( La. 10/ 20/98),

720 So.2d 1. 186, 1193 (" A case is ` moot' when a rendered judgment or decree can

serve no useful purpose and give no practical relief or effect"). Accordingly, we

dismiss the answer.

DECREE

For these reasons, we grant ASR' s motion to dismiss and dismiss the appeal.

The answer is dismissed. Each party is to bear their own costs.

MOTION TO DISMISS GRANTED AND APPEAL DISMISSED.

ANSWER DISMSSED.

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