Gregory P. Mouton and Marivette V. Mouton v. Lowe's Home Centers, LLC d/b/a Lowe's Home Improvement

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
GREGORY P. MOUTON AND MARIVETTE V. NO. 2024 CW 0519
MOUTON

VERSUS
LOWE'S HOME IMPROVEMENT CENTERS,
LLC D/B/A LOWE'S HOME IMPROVEMENT,
DAVID DEBENEDETTO, SHANE (LAST
NAME UNKNOWN), TREMYA ANTHONY, AND
KELSI (LAST NAME UNKNOWN)
JULY 30, 2024

In Re: Gregory P. Mouton and Marivette V. Mouton, applying for
supervisory writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 734,723.

BEFORE: WOLFE, MILLER, AND GREENE, J J.

WRIT GRANTED IN PART WITH ORDER; WRIT DENIED IN PART. We hereby
reverse the May 1, 2 02 4 judgment to the extent it denied re la tors'
request to obtain the audio recordings of the February 21, 2024 hearing.
IT IS ORDERED, ADJUDGED, AND DECREED that a Writ of Mandamus issue
herein to Judge William Jorden, ordering him to permit relators, Gregory
P. Mouton and Marivette V. Mouton, to inspect the audio recordings of
a hearing held on February 21, 2 02 4 in the case of Mouton v. Lowe's
Home Improvement Centers, LLC, civil docket #734, 723, 19th Judicial
District Court, Parish of East Baton Rouge, on the premises of the
courthouse in Baton Rouge, Louisiana, in a facility suitable "for the
full exercise of the right granted" and with "all reasonable comfort."
Judge Jorden is further ordered to provide relators with an audio copy
of the recordings, either in the form of a compact disc or some other
comparable audio form at a reasonable fee payable by relators for making
a reproduction, see La. R.S. 44:32(C) (1) (a), all within ten (10) days
from the date of this court's order. See Labat v. Larose, 2011-0957
(La. App. 1st Cir. 12/21/11), 2011 WL 6754090 (unpublished).

To the extent relators request this court to compel the district
court to amend the order of appeal to include the March 12, 2024
judgment, the writ is denied. We recognize that an appeal taken from
the March 13, 2024 judgment would be an unrestricted appeal from a final
judgment. As such, any prior interlocutory rulings can be raised in
connection with the appeal of the final judgment. See Dunbar v. Howard,
2021-1171 (La. App. 1st Cir. 8/16/22), 348 So.3d 738, 743 n.9 ("[W]hen
an unrestricted appeal is taken from a final judgment, the appellant is
entitled to seek review of all adverse interlocutory rulings prejudicial
to him, in addition to review of the final judgment appealed.")

EW
SMM
HG

COURT OF APPEAL, FIRST CIRCUIT

OF COURT
FOR THE COURT