Leonard Charles, Sr. and Judy Charles Versus Trenita Charles Bell

LEONARD CHARLES, SR. AND NO. 24-C-362
JUDY CHARLES
FIFTH CIRCUIT
VERSUS
COURT OF APPEAL
TRENITA CHARLES BELL
STATE OF LOUISIANA

August 19, 2024

Linda Wiseman
First Deputy Clerk

IN RE TRENITA CHARLES BELL

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.
BRINDISI, DIVISION "E", NUMBER 832-980

Panel composed of Judges Marc E. Johnson,
Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED

Defendant, Trenita Charles Bell, seeks this Court’s supervisory review of the
trial court’s July 17, 2024 judgment denying her motion to withdraw admissions
pursuant to La. C.C.P. art. 1468.1 For the following reasons, defendant’s writ
application is denied.

Defendant contends that on December 7, 2023, the trial court granted
plaintiffs Leonard Charles, Jr. and Judy Charles’ motion to deem requests for
admissions that they propounded to defendant as admitted. Defendant claims that
she then filed the motion to withdraw the admissions ‒ the motion at issue in this
writ application.

Rule 4-5(C)(6) requires an applicant to include a copy of the signed
judgment with the writ application. In addition, Rule 4-5(C)(8) requires “a copy of
each pleading on which the judgment, order, or ruling was founded, including the
petition(s) in civil cases,” and Rule 4-5(C)(9) requires “a copy of any opposition

1
La. C.C.P. art. 1468 provides:

Any matter admitted under this rule is conclusively established unless the court on
motion permits withdrawal or amendment of the admission. Subject to the provisions of
Article 1551 governing amendment of a pretrial order, the court may permit withdrawal
or amendment when the presentation of the merits of the action will be subserved thereby
and the party who obtained the admission fails to satisfy the court that withdrawal or
amendment will prejudice him in maintaining his action or defense on the merits. Any
admission made by a party under Articles 1466 and 1467 is for the purpose of the
pending action only and is not an admission by him for any other purpose nor may it be
used against him in any other proceeding.

and any attachments thereto filed by a party in the trial court or a statement by the
applicant that no opposing written document was filed.”

Defendant has failed to attach a copy of the following documents to her writ
application: 1) the July 17, 2024 judgment; 2) the petition; 3) her motion to
withdraw the admissions; 4) plaintiffs’ requests for admissions at issue; and 5) the
opposition filed by plaintiffs or a statement explaining that no opposition was filed.
Without these documents, the application is incomplete and insufficient, and this
Court is unable to properly consider defendant’s request for relief. Accordingly,
this Court declines to exercise its supervisory jurisdiction and defendant’s writ
application is denied.

Gretna, Louisiana, this 19th day of August, 2024.

SUS
MEJ
TSM

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 08/19/2024 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:

24-C-362
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Frank A. Brindisi (DISTRICT JUDGE)
John J. Mason (Relator)

MAILED
Halima N. Smith (Respondent) Max J. Koeck, IV (Relator)
Attorney at Law Attorney at Law
3201 General Degaulle Drive 4224 Florida Avenue
Suite 201 Suite 6
New Orleans, LA 70114 Kenner, LA 70065