Amanda Jones v. Citizens For A New Louisiana, Michael Lunsford, and Ryan Thames

COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA

RE: Docket Number 2023-CA-0654

Amanda Jones

Versus - -
21st Judicial District Court
Citizens For A New Louisiana, Michael Lunsford, and Ryan case #: 175021
Thames Livingston Parish

On Application for Rehearing filed on 02/08/2024 by Amanda Jones

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Rodd Naquin, Clerk

STATE OF LOUISIANA AMANDA JONES

COURT OF APPEAL VERSUS

FIRST CIRCUIT CITIZENS FOR A NEW
LOUISIANA, MICHAEL
LUNSFORD, AND RYAN
THAMES

DOCKET NUMBER 2023 CA0654

MILLER, J., denies rehearing. Without changing my position as set forth in my
dissent, but for the sake ofjudicial economy, I vote to deny rehearing.

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2023 CA0654

AMANDA JONES

VERSUS

CITIZENS FOR A NEW LOUISIANA,
MICHAEL LUNSFORD, AND RYAN THAMES

Mcclendon, J., dissenting on denial for rehearing.

I would have granted Ms. Jones's application for rehearing for the limited and

sole purpose of clarifying our decision regarding the finality of the trial court's October

11, 2022 judgment, which granted the special motions to strike and dismissed with

prejudice Ms. Jones's claims against the defendants. In said judgment, the court set a

hearing date to determine " an award of reasonable attorney fees pursuant to [ LSA-

C.C. P. art.] 971(8)." As noted in our original opinion, LSA-C.C.P. art. 971(8) directs that

a prevailing party on a special motion to strike shall be awarded reasonable attorney

fees and costs." It is clear from the judgment that the hearing set by the trial court

was merely to set the amount of attorney fees, having already determined that an

award of attorney fees was mandated. Therefore, the only issue remaining, after

rendition of the October 11, 2022 judgment, was the amount of the attorney fees and

costs. Given that the trial court retains jurisdiction to "[ s]et and tax costs ... and

attorney fees" under LSA-C.C.P. art. 2088(A){l0), the October 11, 2022 judgment was

a final judgment for purposes of appeal.