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Landry v. Usie

Court of Appeals of Louisiana, Third Circuit

October 18, 2017

CEDRICK LANDRY, INDIVIDUALLY AND ON BEHALF OF THE MINOR CHILD, CEDRICK SENGAL
v.
BRITTANY USIE, ET AL.

         APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST. MARTIN, NO. 81374 HONORABLE KEITH R. J. COMEAUX, DISTRICT JUDGE

          Joslyn Renee Alex The Alex Firm COUNSEL FOR PLAINTIFF/APPELLANT: Cedrick Landry, Individually and on Behalf of the minor child, Cedrick Sengal.

          F. Dominic Amato Boyer, Hebert, Abels & Angelle, LLC COUNSEL FOR DEFENDANTS/APPELLEES: St. Martin Parish School Board, Brittany Usie, and Lottie P. Beebe.

          Sara R. Buggs Neuner Pate One Petroleum Center COUNSEL FOR DEFENDANT/APPELLEE: City of Breaux Bridge.

          Trevor Davies McCranie, Sistrunk, Anzelomo, Hardy, McDaniel & Welch, LLC COUNSEL FOR DEFENDANT/APPELLEE: Winn-Dixie Montgomery, LLC.

          Court composed of John D. Saunders, Marc T. Amy, and Candyce G. Perret, Judges.

          JOHN D. SAUNDERS JUDGE.

         This 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 this opinion.

         FACTS AND PROCEDURAL HISTORY

         Appellant 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.

         Defendants, 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 judgment stated:

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[.]

         However, the judgment did not dismiss any or all of Appellant's claims against the School Board, Usie, and Beebe.

         Appellant 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 ...


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