Kim Anh Dang Versus Tonyell T Toliver

KIM ANH DANG NO. 22-C-326

VERSUS FIFTH CIRCUIT

TONYELL T TOLIVER COURT OF APPEAL

STATE OF LOUISIANA

August 08, 2022

Mary E. Legnon
Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Robert A. Chaisson,
Stephen J. Windhorst, and Hans J. Liljeberg

DENIED WITH REASONS

SJW
RAC
HJL

WINDHORST, J.

On August 2, 2022, relator filed an application for rehearing seeking

reconsideration of this court’s July 20, 2022 denial of her writ application in case

number 22-C-326. She also filed a motion for leave to file amended suspensive

appeal and request for stay.

Louisiana Uniform Rules-Courts of Appeal (“La. U.R.C.A.”), Rule 2-18.7

provides as follows:

2-18.7. When Rehearing Will Be Considered
An application for rehearing will be considered in cases where
the court has:

(A) Granted a writ application on the merits;
(B) Dismissed an appeal; or
(C) Ruled on the merits of an appeal.

La. U.R.C.A., Rule 4-9 provides that “Rules 2-18.1 through 2-18.7 apply to

requests for rehearings related to writ applications.”

Because relator’s writ application was denied, she is not entitled to a

rehearing. Accordingly, relator’s application for rehearing and motion for leave to

file amended suspensive appeal and request for a stay are denied.

22-C-326 1

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
INTERIM 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 08/08/2022 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:

22-C-326
E-NOTIFIED
2nd Parish Court (Clerk)
Honorable Sharlayne Jackson Prevost (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Tonyell T Toliver (Relator) Kim Anh Dang (Respondent)
In Proper Person In Proper Person
2120 Killington Drive 710 Olivia Lane
Harvey, LA 70058 Gretna, LA 70056