James Cregg v. Board of Supervisors of Louisiana State Universityand Agricultural and Mechanical College

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2023 CA 0651

JAMES CREGG
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VERSUS

BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND
MECHANICAL COLLEGE

Judgment Rendered: MAR 01 2024

Appealed from the
19th Judicial District Court
In and for the Parish of East Baton Rouge
State of Louisiana
Docket No. 710803

The Honorable Wilson E. Fields, Judge Presiding

Christopher L. Whittington Counsel for Plaintiff/Appellee,
Robert L. Campbell James Cregg
Baton Rouge, Louisiana

Leo C. Hamilton Counsel for Defendant/Appellant,
Carroll Devillier Board of Supervisors of Louisiana
Alexandra C. Hains State University and Agricultural
Baton Rouge, Louisiana and Mechanical College

Jeff Landry
Attorney General
Christine S. Keenan
Elizabeth Bailly Bloch
Special Assistant Attorneys General
Baton Rouge, Louisiana

BEFORE; McCLENDON, HESTER, AND MILLER, JJ.

MILLER, J.

This matter is before us on appeal by defendant, the Board of Supervisors of

Louisiana State University and Agricultural and Mechanical College (" LSU"),

from a February 2, 2023 judgment of the trial court granting Mr. Cregg' s motion to
tax costs and fees, and awarding same, pursuant to the trial court' s earlier

September 8, 2022 judgment finding that LSU terminated the employment

agreement without cause, awarding liquidated damages, and casting LSU with all
costs of these proceedings.

The facts and procedural history of this case are more fully developed in the

companion case to this appeal, Cregg v. Board of Supervisors of Louisiana State

University and A icultural and Mechanical College, 2023- 0127 ( La. App. 1St Cir.

l_I_), — So. 3d _, also handed down this date. Therein, we reviewed the trial

court' s September 8, 2022 judgment awarding Iiquidated damages in the amount of

492,945.20 to Mr. Cregg in his suit against LSU as a result of his termination.

After considering that appeal, we determined LSU terminated the employment

agreement with cause and reversed the September 8, 2022 judgment of the trial

court.

To the extent that the February 2, 2023 judgment at issue in this appeal was

rendered in furtherance of and under the authority of the trial court' s ruling casting
LSU with all costs in the September 8, 2022 judgment, which we reversed, we find

the February 2, 2023 judgment is likewise improper and must be vacated.

DECREE

Based on the above and foregoing reasons, the February 2, 2023 judgment of

the trial court is vacated. Costs of this appeal are assessed to the plaintifflappellee,

James Cregg.

VACATED.

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