Demetria L. Robinson-Carter, Personally and O/B/O of Demetria L. Robinson-Carter, Cpa, LLC Versus St. John the Baptist Parish School Board

DEMETRIA L. ROBINSON-CARTER, CPA, NO. 23-CA-397
PERSONALLY AND O/B/O DEMETRIA L.
ROBINSON-CARTER, CPA, LLC FIFTH CIRCUIT

VERSUS COURT OF APPEAL

ST. JOHN THE BAPTIST PARISH SCHOOL STATE OF LOUISIANA
BOARD

April 19, 2024

Susan Buchholz
Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy,
John J. Molaison, Jr., and Timothy S. Marcel

DENIED WITH REASONS

JJM
SMC
TSM

MOLAISON, J.

The appellant previously raised the issue of inaccurate transcripts in a

motion filed prior to submission of the appeal for consideration. On October 13,

2023, we denied the motion to supplement the record on appeal, noting, in part,

that “A court reporter’s audio tapes of trial testimony do not properly form part of

the record on appeal. See, e.g., La. R.S. 13:961(C); La. C.C.P. Art. 2127.1.”

In her motion for reconsideration, the appellant fails to offer any proof as to

inaccuracies in the record on appeal. The Clerk of Court for the 40th Judicial

District Court certified that the record is a true copy of the original record and

includes all the pleadings, evidence and documents in the case. Additionally, the

transcripts all contain the multiple official court reporters' certifications that the

transcripts are true and accurate. Given these certifications and absent any proof of

inaccuracies, we must presume the appellate record before us is correct.

Accordingly, this Court is unable to conclude that the certified record is incorrect

or contains misstatements. See Karagiannopoulos v. State Farm Fire & Cas. Co.,

94-1048 (La. App. 5 Cir. 11/10/99), 752 So.2d 202, 207-08, writs denied, 99-2866

(La. 12/10/99), 752 So.2d 165, 99-3474 (La. 2/11/00), 754 So.2d 940; Bedi v.

Price, 19-138 (La. App. 5 Cir. 10/2/19), 282 So.3d 323, 327. The appellant’s

motion for reconsideration is denied.

23-CA-397 1

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
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL 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 04/19/2024 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-CA-397
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (District Judge)
Vercell Fiffie (Appellee) Louis R. Koerner, Jr. (Appellant)

MAILED
Jonathan D. Blake (Appellee)
Attorney at Law
2431 South Acadian Thruway
Suite 600
Baton Rouge, LA 70808