Justin Savoy v. Dr. Randy Lavespere, Dr. Daniel Crooks, State of Louisiana, through the Department of Public Safety and Corrections
Justin Savoy v. Dr. Randy Lavespere, Dr. Daniel Crooks, State of Louisiana, through the Department of Public Safety and Corrections, No. 2024CW0856 (La. Ct. App. 1st Cir. Nov. 20, 2024).
Authorities cited
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- Mason v. Hedrick 268 So. 3d 1074
Opinion text
AIM414A
COURT OF APPEAL, FIRST CIRCUIT
JUSTIN SAVOY NO. 2024 CW 0856
VERSUS
DR. RANDY LAVESPERE, DR.
DANIEL CROOK, STATE OF
LOUISIANA, THROUGH THE NOVEMBER 20, 2024
DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONS
In Re: Justin Savoy, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
23359.
BEFORE: GUIDRY, C. J., THERIOT, CHUTZ, WOLFE AND HESTER, JJ.
WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The
district court' s June 27, 2024 appellate pauper order is vacated.
Once the district court granted relator an appeal and set a return
date, it no longer had jurisdiction to issue a subsequent pauper
order. La. Code Civ. P. art. 2088; see Mason v. Hedrick, 2019- 113
La. App. 3d Cir. 4/ 17/ 19), 268 So. 3d 1074. This matter is
remanded with instructions that the district court proceed with
lodging the appellate record with this court pursuant to the
district court' s order granting the appeal. To the extent
plaintiff, Justin Savoy, seeks review of the merits in this matter,
which this court has previously ruled should be taken up on appeal,
the writ application is denied.
JMG
WRC
CHH
Theriot and Wolfe, Ji. dissent and would deny the writ
application. Relator should have first sought review with the
district court.
COURT OF APPEAL, FIRST CIRCUIT
DaJDPUTY FOR
CLERK
THE
OF
COURT
COURT