Deborah B. Weiser Versus Elizabeth W. Castille
Deborah B. Weiser Versus Elizabeth W. Castille, No. 24-C-592 (La. Ct. App. 5th Cir. Dec. 11, 2024).
Opinion text
DEBORAH B. WEISER NO. 24-C-592
VERSUS FIFTH CIRCUIT
ELIZABETH W. CASTILLE COURT OF APPEAL
STATE OF LOUISIANA
December 11, 2024
Linda Wiseman
First Deputy Clerk
IN RE DEBORAH B. WEISER
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER,
JR., DIVISION "P", NUMBER 782-693, 756-148 C/W 784-323
Panel composed of Judges Jude G. Gravois,
John J. Molaison, Jr., and Scott U. Schlegel
WRIT DISMISSED
Relator, Deborah B. Weiser, seeks this Court’s supervisory review of the
trial court’s judgment of October 9, 2024, which awarded sanctions in favor of
Elizabeth Castille and against relator.
Upon review, we find that the judgment complained of is a final judgment
per La. C.C.P. art. 1915(A)(6), which provides:
A. A final judgment may be rendered and signed by the court, even
though it may not grant the successful party or parties all of the relief
prayed for, or may not adjudicate all of the issues in the case, when
the court:
***
(6) Imposes sanctions or disciplinary action pursuant to Article
191, 863, or 864 or Code of Evidence Article 510(G).
Thus, this Court does not have supervisory jurisdiction to review this final
judgment.
Relator filed a notice of intent to file an appeal from the “final judgment” in
the 24th Judicial District Court on November 6, 2024. The district court’s order of
November 8, 2024, granted the appeal “in accordance with La. C.C.P. art. 2083
and 2123.”
Thus, it appears that relator’s intent was to file an appeal, and that the
district court granted the appeal. The Clerk of Court for the 24 th Judicial District
Court should proceed to process the district court’s order of November 8, 2024 as
an appeal.
Accordingly, this writ application is dismissed.
Gretna, Louisiana, this 11th day of December, 2024.
SUS
JGG
JJM
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 12/11/2024 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-592
E-NOTIFIED
24th Judicial District Court (Clerk)
Hon. Lee V. Faulkner, Jr. (DISTRICT JUDGE)
Stephen D. Marx (Respondent)
MAILED
Deborah B. Weiser (Relator)
In Proper Person
1544 Claire Avenue
Gretna, LA 70053