JOHN A. BILLIOT, JR.
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-2016-1796 J HONORABLE KRISTIAN EARLES,
Charlotte C. McDaniel McGehee Attorney at Law COUNSEL FOR
PLAINTIFF/APPELLEE: John A. Billiot, Jr.
Kendall Wiltz In Proper Person COUNSEL FOR
DEFENDANT/APPELLANT: Kendall Wiltz
composed of Ulysses Gene Thibodeaux, Chief Judge, John D.
Saunders, and Marc T. Amy, Judges.
D. SAUNDERS JUDGE
case involves a writ of quo warranto filed for by an
individual who was appointed to a board. The individual's
appointment was not placed on the meeting agenda of the board
and was not considered by the president of the board despite
the CEO and president of the board having knowledge of the
individual's appointment with ample time to place the
item on the agenda.
board president's term ended three months prior to the
meeting as the individual seeking to be sat on the board had
been appointed in the president's place by a newly
elected official. The trial court granted the
individual's writ and awarded the individual damages
under La.R.S. 42:82 in the form of costs and attorney's
AND PROCEDURAL HISTORY:
March 18, 2016, John A. Billiot, Jr. (Billiot) was appointed
by Mayor-President, Joel Robideaux, as the representative of
the Mayor-President to the St. Martin-Iberia-Lafayette
Community Action Agency (SMILE) Board. SMILE is a corporation
organized under the law of the State of Louisiana, domiciled
and doing business in the Parishes of St. Marin, Iberia, and
Lafayette. Billiot's appointment to the SMILE Board was
memorialized in a letter written that day.
that same day, Billiot met with Royal Hill, the CEO of SMILE.
According to Billiot, Hill informed him that his appointment
to the SMILE Board would not be accepted because that board
membership was currently being held by Kendall Wiltz, the
current President of the SMILE Board.
Monday, March 28, 2016, there was a meeting of the SMILE
Board wherein Billiot's appointment to the SMILE Board
was not addressed. According to Wiltz, it was not addressed
because it was not placed on the agenda by Hill, and Wiltz
failed to obtain unanimous consent to amend the agenda to
include Billiot's appointment. Wiltz was still acting as
President of the SMILE Board despite his term ending the
April 6, 2016, Billiot filed a petition for writ of quo
warranto against Wiltz, individually, and acting as president
of the SMILE Board. Billiot's petition contended that the
SMILE Board met on March 28, 2016. According to Billiot,
Wiltz retained physical possession of the office of SMILE
Board President and refused to surrender it or the books and
papers associated with the position into Billiot's
custody despite Wiltz's term on the board ending in
January 2016. Further, Billiot averred that Wiltz continued
to usurp the prerogatives of the office illegally and without
was held on the merits of Billiot's writ for quo
warranto. The trial court ruled in favor of Billiot and found
that he was entitled to attorney's fees and costs from
Wiltz as the damages he suffered under La.R.S. 42:82. Wiltz
appeals and assigns four errors.