Patricia Ann Thompson v. Winn-Dixie Louisiana, Inc.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CM 13-457

PATRICIA ANN THOMPSON

VERSUS

WINN-DIXIE LOUISIANA, INC., ET AL.

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 112884
HONORABLE JOHN E. CONERY, DISTRICT JUDGE

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JOHN D. SAUNDERS

JUDGE

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Court composed of Sylvia R. Cooks, John D. Saunders, and Marc T. Amy, Judges.

MOTION TO DISMISS APPEAL DENIED.

David John Calogero
Davidson, Meaux, Et Al.
Post Office Drawer 2908
Lafayette, LA 70502
(337) 237-1660
COUNSEL FOR DEFENDANT/APPELLANT:
Winn-Dixie Montgomery, Inc.

Melvin Alan Eiden
Rabalais Hanna & Hebert
701 Robley Drive, #210
Lafayette, LA 70503
(337) 981-0309
COUNSEL FOR DEFENDANT/APPELLEE:
Southern Cleaning Services

Pride Justin Doran
Doran Law Firm
Post Office Box 2119
Opelousas, LA 70571
(337) 948-8008
COUNSEL FOR PLAINTIFF/APPELLEE:
Patricia Ann Thompson

Jermaine Demetrie Williams
Attorney at Law
108 W. Congress Street
Lafayette,, LA 70501
(337) 235-3989
COUNSEL FOR PLAINTIFF/APPELLEE:
Patricia Ann Thompson

SAUNDERS, Judge.

On October 18, 2012, following a jury trial, the defendant, Winn Dixie

Louisiana, Inc., et al., was cast in judgment to the plaintiff, Patricia Ann

Thompson, for the sum of $25,003.75, plus legal interest from the date of the

judicial demand until paid. The defendant’s subsequent motion for a suspensive

appeal was granted on February 1, 2013, upon the posting of a cash bond in the

amount of $29,945.63, deposited into the registry of the lower court.

The Iberia Parish Clerk of Court forwarded a statement to the defendant for

estimated costs of appeal totaling $43,137.50. In light of the “exorbitant” costs,

the defendant no longer desires to substantively appeal the judgment of October

18, 2012, and has motioned this court to dismiss the appeal that has not yet been

lodged.

Uniform Rules―Courts of Appeal, Rule 2−8.5, provides:

In cases where the parties desire to dismiss or to remand an
appeal in which jurisdiction of the appellate court has attached, but in
which the record on appeal has not yet been lodged and docketed, the
court may nevertheless consider a joint motion to such effect,
provided the parties submit their motion signed by all counsel of
record, together with, in the case of a motion to dismiss the appeal, the
statement of counsel that all costs incurred in the trial court have been
paid, or that counsel will be responsible for the payment of same. The
motion shall be accompanied by a certificate from the clerk of the trial
court indicating that the motion to dismiss or to remand has been
signed by all counsel of record and by each party not represented by
counsel. It shall show that the appeal bond, if required, has been filed
or, in the case of a pauper suit, indicate the lack of necessity for an
appeal bond.
The defendant asserts that counsel for the plaintiff has been contacted but

could not consent or object to the granting of this motion. Further, the defendant

does not allege, nor has it shown, that the remaining requirements of Rule 2−8.5

have been met to allow this court to dismiss the appeal even though it has not been

lodged. Accordingly, we hereby deny the defendant’s motion to dismiss the

appeal.

MOTION TO DISMISS APPEAL DENIED.

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

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