Shondrell Perrilloux a Quality Touch Commerical Builders LLC Versus Jefferson Parish by and Through Its Community Development Department and New Orleans Education League for the Construction Industry (Noel)
Shondrell Perrilloux a Quality Touch Commerical Builders LLC Versus Jefferson Parish by and Through Its Community Development Department and New Orleans Education League for the Construction Industry (Noel), No. 23-C-485 (La. Ct. App. 5th Cir. Oct. 16, 2023).
Opinion text
SHONDRELL PERRILLOUX A QUALITY NO. 23-C-485
TOUCH COMMERICAL BUILDERS LLC
FIFTH CIRCUIT
VERSUS
COURT OF APPEAL
JEFFERSON PARISH BY AND THROUGH ITS
COMMUNITY DEVELOPMENT DEPARTMENT STATE OF LOUISIANA
AND NEW ORLEANS EDUCATION LEAGUE
FOR THE CONSTRUCTION INDUSTRY
(NOEL)
October 16, 2023
Linda Wiseman
First Deputy Clerk
IN RE SHONDRELL PERRILLOUX
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III,
DIVISION "D", NUMBER 828-544
Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and Robert A. Chaisson
WRIT GRANTED FOR LIMITED PURPOSE
Relators, Shondrell Perrilloux and A Quality Touch Commercial Builders LLC,
seek this Court’s supervisory review of a judgment dated September 12, 2023 which
granted a Joint Motion to Dismiss with Prejudice filed by defendants, the Parish of
Jefferson and New Orleans Education League for the Construction Industry, dismissing
with prejudice all claims and causes of action asserted in the Petition for Writ of
Mandamus and/or Injunctive Relief filed by plaintiffs, Shondrell Perrilloux and A Quality
Touch Commercial Builders LLC.
Upon review, we find that the September 12, 2023 judgment is a final judgment, as
per La. C.C.P. art. 1841, which provides, in pertinent part, that “[a] judgment that
determines the merits in whole or in part is a final judgment,” and thus is reviewable
under this Court’s appellate jurisdiction, rather than its supervisory jurisdiction.
Accordingly, under the circumstances presented, the writ application is granted for
the limited purpose of remanding the matter to the district court for it to consider relators’
“Notice of Intent to File Writ,” filed in the district court on September 19, 2023, as a
timely filed motion for an appeal.
Gretna, Louisiana, this 16th day of October, 2023.
JGG
MEJ
RAC
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
JOHN J. MOLAISON, JR.
SCOTT U. SCHLEGEL 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 10/16/2023 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:
23-C-485
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Joseph A. Marino, III (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED
MAILED
Deidre K. Peterson (Respondent) Shondrell Perrilloux (Relator) Kevin J. Katner (Respondent)
Attorney at Law In Proper Person Attorney at Law
102 Brunswick Court 1118 Main Street 4902 Canal Street
New Orleans, LA 70131 LaPlace, LA 70068 Suite 201
New Orleans, LA 70119
W. Reed Smith (Respondent)
Assistant Parish Attorney
Parish of Jefferson
1221 Elmwood Park Boulevard
Suite 701
Jefferson, LA 70123
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1. Article Add1911$8d to:
Kevin J. Katner
Attorn~J at Law
490~ C.;nal Street
Suik 20J
New O dcans, LA 70 I I 9
23-C-48:5 10-16-23
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' PS Fonn 3811, July 2015 PSN 7530-02-000-9053