Stormy Cofer v. Rapides Parish Sheriff's Office

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

22-611

STORMY COFER

VERSUS

RAPIDES PARISH SHERIFF’S OFFICE, ET AL.

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 252,476
HONORABLE MONIQUE F. RAULS, DISTRICT JUDGE

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CHARLES G. FITZGERALD
JUDGE

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Court composed of Shannon J. Gremillion, Jonathan W. Perry, and Charles G.
Fitzgerald, Judges.

AFFIRMED AS AMENDED.

G. Karl Bernard
Karl Bernard Law, LLC
1615 Poydras Street, Suite 101
New Orleans, Louisiana 70112
(504) 412-9953
Counsel for Plaintiff/Appellant:
Stormy Cofer

Stacy C. Auzenne
Auzenne Law Firm, LLC
Post Office Box 11817
Alexandria, Louisiana 71315-1817
(318) 880-0087
Counsel for Defendant/Appellee:
Donald Brown

H. Bradford Calvit
Eli J. Meaux
Provosty, Sadler & deLaunay, APC
Post Office Box 13530
Alexandria, Louisiana 71315-3530
(318) 767-3118
Counsel for Defendants/Appellees:
Former Sheriff William Earl Hilton,
Sheriff of Rapides Parish, and
John William Benjamin

FITZGERALD, Judge.

The only issue before us is whether the trial court erred in dismissing the

plaintiff’s suit with prejudice under La.Code Civ.P. art. 561.

In 2013, Stormy Cofer was arrested and held at the Rapides Parish Detention

Center. While in custody, Stormy alleges that certain deputies subjected her to

unwanted physical and sexual contact. In 2015, Stormy filed suit against various

defendants, including then-Sheriff William Earl Hilton, Deputy John William

Benjamin, and Donald Brown.

Many years later, in 2022, the defendants filed a motion to dismiss Stormy’s

suit as abandoned. The trial court granted the motion and signed an Order dismissing

Stormy’s suit with prejudice on May 5, 2022. Stormy now appeals.

On appeal, Stormy asserts a single assignment of error: “The Trial Court erred

when it granted, with prejudice, Defendants-Appellees’ Motion to Dismiss Due to

Three Year Abandonment.” Thus, while Stormy concedes that dismissal was

appropriate, she asserts that her suit should have been dismissed without prejudice.

LAW AND DISCUSSION

Because the assigned error is limited to a question of law, we review the

assignment de novo. Silver Dollar Liquor, Inc. v. Red River Parish Police Jury, 10-

2776 (La. 9/7/11), 74 So.3d 641.

The applicable law is La.Code Civ.P. art. 561, which states in relevant part:

A. (1) An action . . . is abandoned when the parties fail to take
any step in its prosecution or defense in the trial court for a period of
three years[.]

....

(3) This provision shall be operative without formal order, but,
on ex parte motion of any party or other interested person by affidavit
which provides that no step has been timely taken in the prosecution or

defense of the action, the trial court shall enter a formal order of
dismissal as of the date of its abandonment.

Again, Stormy simply contends that the trial court erred when it dismissed her

suit with prejudice. And based on our de novo review, we agree that the suit should

have been dismissed without prejudice. See, e.g., Argence, L.L.C. v. Box

Opportunities, Inc., 11-1732, p. 4 (La.App. 4 Cir. 5/23/12), 95 So.3d 539, 541 (“A

dismissal on grounds of abandonment may only be made without prejudice.”).

DECREE

For the above reasons, the trial court’s order of dismissal is amended to read

“without prejudice” and affirmed. The costs of this appeal, which total $938.50, are

assessed to the defendants, William Earl Hilton, in his official capacity and

individually; Deputy John William Benjamin; and Donald Brown.

AFFIRMED AS AMENDED.

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

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