Mary Smith, individually and on behalf of concerned members of the Louisiana Association of the Deaf, Inc. v. Jimmy Gore and Jay Isch

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

MARY SMITH, INDIVIDUALLY AND NO. 2022 CW 0875
ON BEHALF OF CONCERNED
MEMBERS OF THE LOUISIANA
ASSOCIATION OF THE DEAF,
INC.

VERSUS

LOUISIANA ASSOCIATION OF THE AUGUST 17, 2022
DEAF, INC.

In Re: Louisiana Association of the Deaf, Inc., for
applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 690808.

BEFORE: McDONALD, MCCLENDON, AND HOLDRIDGE, JJ.

STAY GRANTED; WRIT GRANTED WITH ORDER. The district
court' s August 9, 2022 judgment grants mandamus and mandatory
injunctive relief. Defendant, Louisiana Association of the
Deaf, Inc., is entitled to seek a suspensive appeal therefrom.
See Felix v. St. Paul Fire & Marine Ins. Co., 477 So. 2d 676, 681
La. 1985) and Deshotels v. White, 2016- 0889 ( La. 1st Cir.
App.
8/ 16/ 17), 226 So. 3d 1211, writ denied, 2017- 1565 ( La. 12/ 5/ 17),
231 So. 3d 628. The district court is instructed to expeditiously
grant defendant' s motion for suspensive appeal and set the
security therefor in accordance with La. Code Civ. P. art. 2124.
Enforcement of the district court' s August 9, 2022 judgment is
stayed pending the grant of the motion for suspensive appeal and
setting of the security.

PMC

GH

McDonald, J., concurs in part and dissents in part. I
concur with the grant of the writ, but would not issue the stay.

COURT OF APPEAL, FIRST CIRCUIT

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