Harold Marcel Parker, Jr. v. Livingston Parish Government

HAROLD MARCEL PARKER, JR. NO. 2024 CW 0979

VERSUS

LIVINGSTON PARISH GOVERNMENT OCTOBER 15, 2024

In Re: Joseph Erdey, applying for supervisory writs, 21st
Judicial District Court, Parish of Livingston, No.
182, 770.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT GRANTED. The trial court' s September 13, 2024 " Vacate
Order of Appeal," which vacated the Order of Suspensive Appeal as
to the judgment signed on July 31, 2024 and converted that appeal
to a devolutive appeal, is reversed. The Jurisdiction of the trial
court over all matters in the case reviewable under the appeal is
divested, and that of the appellate court attaches, on the granting
of the order of appeal and the timely filing of the appeal bond,
in the case of a suspensive appeal. See La. Code Civ. P. art.

2088 ( A) . The suspensive appeal order was granted on August 26,

2024 without the necessity of posting bond or other security. The
suspensive appeal seeks review of the trial court' s judgment signed
on July 31, 2024. Accordingly, the trial court had no jurisdiction
to vacate its suspensive appeal order as to that ruling.
JMG
ARP

TPS

COURT OF APPEAL, FIRST CIRCUIT

DJUTY CLERK OF COURT
FOR THE COURT