Nicole Arabie v. Ricky Sonnier

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 19-815

NICOLE ARABIE, ET AL.

VERSUS

RICKY SONNIER, ET AL.

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2017-3265
HONORABLE ROBERT LANE WYATT, DISTRICT JUDGE

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SHANNON J. GREMILLION

JUDGE

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Court composed of Shannon J. Gremillion, D. Kent Savoie, and Jonathan W. Perry,
Judges.

APPEAL DISMISSED. APPELLANTS ARE PERMITTED TO FILE AN
APPLICATION FOR SUPERVISORY WRIT.

Raymond Paul Augustin, Jr.
Francine Maria Giugno
Mickey S. deLaup, APLC
2701 Metairie Road
Metairie, LA 70001
(504) 828-2277
COUNSEL FOR DEFENDANTS/APPELLANTS:
Ricky Sonnier
Suzanne Sonnier
Ricky and Suzanne Sonnier o/b/o R. S.

Henry Minor Pipes, III
Pipes, Miles & Beckman
1100 Poydras Street, #1800
New Orleans, LA 70163
(504) 322-7070
COUNSEL FOR DEFENDANT/APPELLEE:
Liberty Mutual Insurance Company

J. Lee Hoffoss, Jr.
Hoffoss Devall LLC
517 West College Street
Lake Charles, LA 70605
(337) 433-2053
COUNSEL FOR PLAINTIFF/APPELLEE:
Nicole Arabie, o/b/o E. N. A.

GREMILLION, Judge.

This court, on its own motion, issued a rule to Defendants-Appellants, Ricky

Sonnier and Suzanne Sonnier, individually and on behalf of their minor child, R.S., to

show cause why the appeal in the above captioned case should not be dismissed as

untimely pursuant to La.Code Civ.P. art. 2087, and for having been taken from a

partial final judgment which has not been designated immediately appealable pursuant

to La.Code Civ.P. art. 1915(B). For the reasons that follow, we dismiss the appeal.

Plaintiff-Appellee, Nicole Arabie, individually and on behalf of her minor child,

E.N.A., filed suit against the Appellants for injuries sustained by E.N.A. in an

accident involving a golf cart owned by Appellants and operated by their minor child,

R.S. The ruling at issue, a partial summary judgment on the issues of liability and

causation of injuries, was rendered on May 3, 2019. The judgment, however, was not

designated immediately appealable pursuant to La.Code Civ.P. art. 1915(B). As such,

we hereby dismiss the appeal at Appellants’ costs.

We note, however, that Appellants’ Petition for Devolutive Appeal was filed on

August 1, 2019, within thirty days of the “Corrected and Re-Issued” notice of

judgment sent to the parties on July 3, 2019. As such, we hereby construe the petition

as a timely filed notice of intent to seek a supervisory writ. Appellants may seek

review of the trial court’s judgment by filing a proper application for writs in

compliance with Uniform Rules—Courts of Appeal, Rule 4, no later than February 7,

2020.

APPEAL DISMISSED. APPELLANTS ARE PERMITTED TO FILE AN
APPLICATION FOR SUPERVISORY WRIT.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Courts of Appeal.