APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 75137-A. HONORABLE JOEL GERARD DAVIS, DISTRICT JUDGE.
Joffre Wendel Fusilier, Attorney at Law, Ville Platte, LA, COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell.
Kenneth Ray Rush, Attorney at Law, Oakdale, LA, COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell.
Anne Elizabeth Watson, Dupre & Watson, Opelousas, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud.
Elbert Lee Guillory, Attorney at Law, Opelousas, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud.
Stephen D. Hawkland, Attorney at Law, Baton Rouge, LA, COUNSEL FOR DEFENDANT/APPELLEE: Secretary of State, State of Louisiana.
Court composed of Sylvia R.Cooks, Billy H. Ezell, Phyllis M. Keaty, Judges.
[14-1261 La.App. 3 Cir. 1]
The plaintiff, Heather Miley Cloud, appeals the trial court's judgment dismissing her petition to contest the election of the
defendant, Bert Keith Campbell. Finding that the trial court erred as a matter of law, we reverse the dismissal of the petition and render judgment striking the illegal votes, declaring a tie between the candidates, and instructing the trial court to order a new election.
We must decide whether the trial court erred in dismissing the petition contesting the election based upon its interpretation of Savage v. Edwards, 728 So.2d 428, affirmed, 98-2929 (La. 12/18/98), 722 So.2d 1004, and its predecessor, Davis v. McGlothin, 524 So.2d 1320 (La.App. 3 Cir.), writ denied, 525 So.2d 1046 (La. 1988).
FACTS AND PROCEDURAL HISTORY
This matter first came to this court on the trial court's granting of an exception of no cause of action, which we reversed and remanded for further proceedings. See Heather Miley Cloud v. Tom Schedler InHis Capacity as Secretary of State, and Bert Keith Campbell, 14-1223 (La.App. 3 Cir. 11/21/14), __ So.3d __. It is before us again due to the trial court's dismissal of the suit following a trial on the merits.
Ms. Cloud, the incumbent mayor at the time of the November, 2014 election, filed a petition to contest the election of Mr. Campbell in the mayoral race in the Village of Turkey Creek. The named defendants are Mr. Campbell and [14-1261 La.App. 3 Cir. 2] Secretary of State, Tom Schedler. In the election, won by a margin of four ...