CEDRICK LANDRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILD, CEDRICK SENGAL
BRITTANY USIE, ET AL.
FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST.
MARTIN, NO. 81374 HONORABLE KEITH R. J. COMEAUX, DISTRICT
Renee Alex The Alex Firm COUNSEL FOR PLAINTIFF/APPELLANT:
Cedrick Landry, Individually and on Behalf of the minor
child, Cedrick Sengal.
Dominic Amato Boyer, Hebert, Abels & Angelle, LLC COUNSEL
FOR DEFENDANTS/APPELLEES: St. Martin Parish School Board,
Brittany Usie, and Lottie P. Beebe.
R. Buggs Neuner Pate One Petroleum Center COUNSEL FOR
DEFENDANT/APPELLEE: City of Breaux Bridge.
Davies McCranie, Sistrunk, Anzelomo, Hardy, McDaniel &
Welch, LLC COUNSEL FOR DEFENDANT/APPELLEE: Winn-Dixie
composed of John D. Saunders, Marc T. Amy, and Candyce G.
D. SAUNDERS JUDGE.
court issued a rule ordering Appellant, Cedrick Landry
(Landry), Individually and on Behalf of the Minor Child,
Cedrick Sengal (Sengal), to show cause, by brief only, why
his appeal should not be dismissed for having been taken from
a judgment lacking proper decretal language. See State v.
White, 05-718 (La.App. 3 Cir. 2/1/06), 921 So.2d 1144.
We dismiss the appeal without prejudice and remand the matter
to the trial court for further proceedings consistent with
AND PROCEDURAL HISTORY
filed a petition for damages naming St. Martin Parish School
Board (the School Board); Brittany Usie, the school bus
driver (Usie); Lottie P. BeeBe, the superintendent of St.
Martin Parish School Board (BeeBe); and XYZ Insurance Company
as defendants. The petition was later amended to add
Winn-Dixie Montgomery, LLC (Winn-Dixie), and its insurer, and
the City of Breaux Bridge (the City), and its insurer as
defendants. Appellant alleged that Sengal was injured when
the school bus in which he was a passenger struck a curb and
ran into a pothole.
the School Board, Usie, and Beebe, filed a motion for summary
judgment alleging that they bore no liability for
Sengal's injuries. On November 23, 2016, the trial court
signed a judgment granting the motion for summary judgment.
It was noted in that judgment that summary judgment was
rendered on November 7, 2016, in open court. The signed
IT IS HEREBY ORDERED, ADJUDGED AND DECREED
that the Motion for Summary Judgment filed on behalf of ST.
MARTIN PARISH SCHOOL BOARD, BRITTANY USIE AND LOTTIE P.
BEEBE, is hereby GRANTED at Plaintiff's costs[.]
the judgment did not dismiss any or all of Appellant's
claims against the School Board, Usie, and Beebe.
filed a notice of appeal of that judgment on January 3, 2017,
and an order of appeal was signed. There is no date of
signing on the order of appeal. The ...