SUPERVISORY WRIT FROM THE THIRTY-FIRST JUDICIAL DISTRICT
COURT PARISH OF JEFFERSON DAVIS, NO. C-010714 HONORABLE C.
STEVE GUNNELL, DISTRICT JUDGE.
KENNETH ALFRED DOGGETT ATTORNEY AT LAW COUNSEL FOR
PLAINTIFFS/RESPONDENTS: KELLY DOUCET BRITTANY LACOMBE
MICHAEL J. REMONDET, JR. JULIETTE BUSBY WADE JEANSONNE &
REMONDET COUNSEL FOR DEFENDANTS/RESPONDENTS: COLONY INSURANCE
COMPANY KENNETH DEMARY HORNET SERVICE COMPANY
PATRICK DANIEL RACHEL MARTIN DECKELMANN DANIEL &
ASSOCIATES COUNSEL FOR PLAINTIFF/APPLICANT: MICHAEL CEASAR
composed of John D. Saunders, John E. Conery, and Van H.
D. SAUNDERS JUDGE.
Michael Ceasar, seeks supervisory writs from the judgment of
the Thirty-First Judicial District Court, Parish of Jefferson
Davis, the Honorable C. Steve Gunnel, presiding, which denied
Relator's motion for reduction of estimated appeal costs.
OF THE CASE
case arises out of an automobile accident which occurred on
March 5, 2013, in a parking lot at a pawn shop in Jennings,
Louisiana. Relator and his co-plaintiffs, Kelly Doucet
("Doucet") and Brittany Lacombe
("Lacombe"), filed the instant personal injury
lawsuit against Kenneth DeMary ("DeMary"); his
employer, Hornet Service Company, L.L.C.
("Hornet"); and Hornet's insurer, Colony
Insurance Company. At the time of the accident, Relator was a
passenger in a vehicle being driven by Doucet when that
vehicle collided with a vehicle that DeMary was driving and
backing out of a parking space. Relator's claims were
tried by a jury on August 20-24, 2018. Simultaneous with
Relator's jury trial, a joint bench trial was held for
the claims of Doucet and Lacombe. With regard to the jury
trial of Relator's claims, the jury returned a verdict
finding no negligence on the part of either driver and
awarding no damages to Relator. With regard to the bench
trial of the claims of Doucet and Lacombe, the trial judge
found: 1) that the two drivers (Doucet and DeMary) were each
50 percent at fault for the accident; 2) that Doucet and
Lacombe had not suffered any damages as a result of the
accident; and 3) that DeMary was not acting within the course
and scope of his employment at the time of the accident.
filed several post-trial motions, including a motion for
judgment notwithstanding the verdict, motion for new trial,
and motion to vacate judgment. The trial court denied those
motions. Also, Defendants filed a motion to tax costs
pursuant to La.Code Civ.P. art. 970. Additionally, Defendants
filed a motion to traverse Relator's pauper status on the
ground that Relator had abused the integrity of the judicial
process with excessive frivolous pleadings which had resulted
in excessive court costs and defense costs. The trial court
granted that motion to traverse, and Relator's pauper
status was revoked. Doucet and Lacombe retained their pauper
status. Relator filed a motion for reconsideration of the
ruling revoking his pauper status and that matter was
scheduled to be heard on April 9, 2019. However, on April 8,
2019, Relator withdrew his motion for reconsideration.
with regard to the final judgments which had been rendered on
the merits of the case, Relator filed a motion for appeal and
his co-plaintiffs (Doucet and Lacombe) also filed a joint
motion for appeal.
instant writ application, Relator seeks to have this court
reverse a judgment denying a motion for reduction of appeal
costs which Relator had filed pursuant to La.Code Civ.P. art.
2126(C). The estimated appeal costs total $56, 225.50.
proper procedural vehicle to seek review of an interlocutory
judgment that is not immediately appealable is an application
for supervisory writ." Johno v. Doe, 16-0200,
p. 4 (La.App. 4 Cir. 8/17/16), 198 So.3d 1216, 1218