State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit Versus Kiesha Moreira

STATE OF LOUISIANA, DIVISION OF NO. 21-C-711

ADMINISTRATION, OFFICE OF COMMUNITY FIFTH CIRCUIT

DEVELOPMENT-DISASTER RECOVERY UNIT COURT OF APPEAL

VERSUS STATE OF LOUISIANA

KIESHA MOREIRA

January 12, 2022

Susan Buchholz
First Deputy Clerk

IN RE KIESHA MOREIRA

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
E. ADRIAN ADAMS, DIVISION "G", NUMBER 801-417

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, Marc E. Johnson, Robert A. Chaisson, Stephen J. Windhorst, Hans J. Liljeberg,
and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE

Relator Keisha Moreira seeks supervisory review of the trial court’s

judgment denying her peremptory exception of peremption. The writ application

indicates that at the same hearing, the trial court also considered and granted

plaintiff’s motion for summary judgment which fully determined the merits of the

action. The judgment for which relator seeks supervisory review is an

interlocutory judgment reviewable as part of an appeal of the judgment granting

plaintiff’s motion for summary judgment, which judgment on plaintiff’s motion for

summary judgment is a final, appealable judgment pursuant to La. C.C.P. art.

1841. As such, under the particular procedural posture of this case, relator’s

proper remedy is an appeal, not an application for supervisory writs.

21-C-711

We therefore grant this writ application for the limited purpose of remanding

the matter to the trial court with instructions to construe relator’s notice of intent as

a timely motion for appeal.

Gretna, Louisiana, this 12th day of January, 2022.

RAC
SMC
JGG
MEJ
SJW
HJL
JJM

2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN S. BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 01/12/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

21-C-711
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable E. Adrian Adams (DISTRICT JUDGE)
Christopher H. Szeto (Relator)
Mary C. Cali (Respondent)
Ian Dunbar (Relator)
Caroline M. Tomeny (Respondent)
William J. Wilson (Respondent)

MAILED
John C. Walsh (Respondent)
John C. Conine, Jr. (Respondent)
Attorney at Law
Post Office Drawer 4425
Baton Rouge, LA 70821