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Cloud v. Schedler

Court of Appeals of Louisiana, Third Circuit

December 3, 2014

HEATHER MILEY CLOUD
v.
TOM SCHEDLER IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF LOUISIANA, AND BERT KEITH CAMPBELL

APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 75137-A HONORABLE JOEL GERARD DAVIS, DISTRICT JUDGE

ON THIS COURT'S OWN MOTION FOR CORRECTION OF OPINION

Joffre Wendel Fusilier Attorney at Law COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell

Kenneth Ray Rush Attorney at Law COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell

Anne Elizabeth Watson Dupre & Watson COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud

Elbert Lee Guillory Attorney at Law COUNSEL FOR PLAINTIFF APPELLANT: Heather Miley Cloud

Stephen D. Hawkland Attorney at Law COUNSEL FOR DEFENDANT/APPELLEE: Secretary of State, State of La.

Court composed of Marc T. Amy, Elizabeth A. Pickett, John E. Conery, Judges.

ELIZABETH A. PICKETT JUDGE

This court issued an opinion in this matter on November 21, 2014, and at the conclusion of the opinion, assessed costs for this matter against the appellees, the Secretary of State for the State of Louisiana and Bert Keith Campbell. However, the Secretary of State has objected to being assessed costs. Pursuant to La.R.S. 18: 1402(D), costs cannot be assessed against the Secretary of State in these election proceedings. While La.R.S. 18:1409(I) prohibits an application for new trial or rehearing in suits of this nature, this statute does permit this court, on its own motion, to amend its opinion to correct a legal error. Since the assessment of costs against the Secretary of State is specifically prohibited by statute, this portion of our opinion issued on November 21, 2014, was erroneous, and we hereby amend the opinion by reversing and setting aside the assessment of costs against the Secretary of State.

AMENDED AND CORRECTED.


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