Veronica James a_k_a Veronica Jones v. City of Thibodaux

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NOV

VERONICA JAMES, A/ K/ A NO. 2026 CW 1203
VERONICA JONES

VERSUS

CITY OF THIBODAUX; THIBODAUX

POLICE DEPARTMENT; AND CHIEF
IN HIS
SEPTEMBER 21, 2026
BRIAN ZERANGUEr
OFFICIAL CAPACITY

In Re: Veronica James a/ k/ a Veronica Jones, applying for
writs, Thibodaux City Court, Parish of
supervisory
Lafourche, No. 24971.

BEFORE: PENZATO, IER, MILLER, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED WITH ORDER. The City Court' s August 26, 2026

order which denied pauper status is vacated. La. Code Civ. P. art.

5183( B)( 1) provides that upon the filing of the completed

application and supporting affidavits, the court shall render an

order that does one of the following: ( a) Grants the application

and allows applicant to litigate or continue the litigation without
paying the costs in advance; ( b) Denies the application with

written reasons for such denial; ( c) Sets the matter for

contradictory hearing. Moreover, the submission by the applicant
of supporting documentation that the applicant is receiving public
assistance benefits or that the applicant' s income is less than or
equal to one hundred twenty- five percent of the federal poverty
level shall create a rebuttable presumption that the applicant is
entitled to the privilege granted in this Chapter. If the court

finds that the presumption has been rebutted, it shall provide

written reasons for its finding. La. Code Civ. P. art. 5183( B) ( 2) .
The City Court denied pauper status, but failed to comply with
Article 5183( B) and did not provide written reasons for the denial.
This writ is granted for the purpose of remanding this matter to
the City Court for compliance with Article 5183( B) on or before
October 21, 2026. Relator' s deadline to pay the estimated appeal
costs is extended to November 20, 2026.

SMM

BDE
WEF

Penzato and Lanier, JJ., concur in part and dissent in
part. While we agree that the City Court' s August 26, 2026 order
should be vacated, we dissent from the remand and would deny the
remainder of the writ. Once the City Court granted relator an
appeal, it no longer had jurisdiction to rule on a

subsequent pauper motion. La. Code Civ. P. art. 2088; see Mason
v. Hedrick, 2019- 113 ( La. App. 3d Cir. 4/ 17/ 19), 268 So. 3d 1074;

Savoy v. Lavespere, 2024- 0856 La. App. lst Cir. 11/ 20/ 24), 2024
WL 4835958 ( unpublished).