Common Place Properties, LLC v. Estate of Donald C. Hodge, Sr.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 21-298

COMMON PLACE PROPERTIES, LLC

VERSUS

ESTATE OF DONALD C. HODGE, SR.

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2015-2285 C/W 52,556
HONORABLE ROBERT LANE WYATT, DISTRICT JUDGE

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ELIZABETH A. PICKETT

JUDGE

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Court composed of Sylvia R. Cooks, Chief Judge, Elizabeth A. Pickett, and Sharon
Darville Wilson, Judges.

ANSWER TO APPEAL DISMISSED.

Thomas John Gayle
Gayle Law Firm, L.L.C.
713 Kirby Street
Lake Charles, LA 70601
(337) 494-1220
COUNSEL FOR PLAINTIFFS/APPELLEES:
Common Place Properties, LLC
Ronald Granger

Mark McMahon Judson
SWLA Law Center
1011 Lakeshore Drive, Suite 402
Lake Charles, LA 7061
(337) 436-3308
COUNSEL FOR OTHER:
Mark Judson, Court Appointed Liquidator

Donald Hodge, Jr.
Attorney at Law
4148 Palm Street
Baton Rouge, LA 70808
(225) 800-7124
COUNSEL FOR DEFENDANT/APPELLANT:
Estate of Donald C. Hodge, Sr.

PICKETT, Judge.

Plaintiffs-Appellees, Common Place Properties, LLC and Ronald Granger,

have answered this now-dismissed appeal. On August 23, 2021, we ordered

Appellees to show cause, no later than September 7, 2021, by brief only, why their

answer to the appeal should not be dismissed due to the dismissal of the appeal for

the failure to file an appellant’s brief. In response, Appellees state that they have

no opposition to the dismissal of the answer to the appeal. For the reasons that

follow, we dismiss the answer.

The judicial liquidator in this matter, Mark M. Judson, filed a Motion to

Distribute Assets, Discharge Liquidator and to Dismiss Proceeding. In response to

the motion, an Order was signed by the trial court on December 10, 2020,

approving the distribution of assets of Common Place Properties, LLC, discharging

the liquidator, and dismissing the proceedings.

Defendant-Appellant, Estate of Donald C. Hodge, Sr., filed a Motion and

Order for Suspensive Appeal on February 8, 2021, and the motion was granted on

February 24, 2021. After the appeal was lodged in this court, Appellees filed an

answer to the appeal on June 2, 2021. When Appellant failed to file a brief as

provided by Uniform Rules—Courts of Appel, Rule 2-12.7, this court dismissed

the appeal on July 22, 2021. Since the underlying appeal has been dismissed, we

hereby dismiss the answer to the appeal filed by Appellees.

ANSWER TO APPEAL DISMISSED.

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