LETICIA HERNANDEZ-GONZALEZ, ET AL.
BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANS, ET AL.
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2007-16139,
DIVISION "L-6" Honorable Kern A. Reese, Judge
Alberto Orihuela RIGUER SILVA, LLC COUNSEL FOR
Raymond McAloon, III Ernest Paul Gieger, Jr. GIEGER LABORDE
& LAPEROUSE, L.L.C. Thomas A. Rayer, Jr. Eric J. Blevins
WAGNER, BAGOT & RAYER, LLP COUNSEL FOR
composed of Judge Edwin A. Lombard, Judge Sandra Cabrina
Jenkins, Judge Tiffany G. Chase)
TIFFANY G. CHASE JUDGE.
Hernandez-Gonzalez (hereinafter "Mrs.
Hernandez-Gonzalez") seeks review of the trial
court's November 8, 2011 judgment granting summary
judgment in favor of Pacorini Holding, LLC (hereinafter
"Pacorini") and the June 4, 2012 judgment granting
summary judgment in favor of the Board of Commissioners of
Port of New Orleans (hereinafter "the BOC"). After
consideration of the record before this Court, and the
applicable law, we dismiss Mrs. Hernandez-Gonzalez's
appeal as abandoned.
Hernandez-Gonzalez filed a petition for damages on December
24, 2007, naming Pacorini and the BOC as defendants. Mrs.
Hernandez-Gonzalez alleged that the negligent acts of
Pacorini and the BOC ultimately led to the death of her
husband. On March 28, 2011, Pacorini filed a motion
for summary judgment. By judgment dated November 8, 2011, the
trial court granted Pacorini's motion for summary
judgment, dismissing the claims against it asserted in the
petition for damages. Mrs. Hernandez-Gonzalez filed a motion
for appeal of the trial court's judgment on December 12,
2011. The order was signed by the trial court on December 20,
April 16, 2012, the BOC also filed a motion for summary
judgment. By judgment dated June 4, 2012, the trial court
granted the BOC's motion for summary judgment, dismissing
the claims against it by Mrs. Hernandez-Gonzalez. On July 5,
2012, Mrs. Hernandez-Gonzalez filed a motion for appeal of
the trial court's judgment granting the BOC's motion
for summary judgment. The trial court signed the order
granting the motion on July 10, 2012.
26, 2012, the trial court issued a cost notice to Mrs.
Hernandez-Gonzalez advising that the cost of the appeal was
due August 15, 2012. Mrs. Hernandez-Gonzalez did not pay the
cost until July 22, 2015. Thereafter, the BOC filed two
motions to dismiss the appeal as abandoned on September 4,
2015. The BOC filed one motion in the trial court and a
second, identical, motion with this Court. On September 16,
2015, this Court denied the BOC's motion to dismiss the
the BOC's motion to dismiss the appeal filed in the trial
court was granted on October 19, 2015. On the same date, Mrs.
Hernandez-Gonzalez filed a motion to suspend briefing
schedule with this Court. In her motion, she provided that
the briefing delays should be suspended in light of her
desire to appeal the trial court's judgment granting the
BOC's motion to dismiss appeal. On October 21, 2015, the
BOC filed a re-urged motion to dismiss appeal arguing that
the appeal should be dismissed in light of the trial
court's judgment dismissing the appeal. On October 23,
2015, this Court granted the motion to suspend briefing
schedule and denied the BOC's re-urged motion to dismiss
November 17, 2015, Mrs. Hernandez-Gonzalez filed a motion to
set aside judgment of dismissal in the trial court. Due to
issues regarding service of process, the motion to set aside
judgment of dismissal was not heard until November 30,
2018. By judgment dated November 30, 2018, the
trial court denied the motion to set aside judgment. Mrs.
Hernandez-Gonzalez filed a motion for appeal with the trial
court on January 21, 2019. This motion sought to appeal the
October 19, 2015 judgment dismissing the appeal and the
November 30, 2018 judgment denying her motion to set aside
22, 2019, this Court ordered Mrs. Hernandez-Gonzalez to show
cause, within fifteen (15) days, why the current appeal
should not be dismissed as abandoned. On June 6, 2019, she
responded to this Court's order, arguing that her appeal
should not be dismissed as abandoned because the briefing
delays were suspended and no notice was provided, from this
Court, that the appeal would be dismissed in 30 days unless a
brief was filed.
26, 2019, this Court lifted the suspension and issued a
notice of briefing delays. Pursuant to this Court's
notice, Mrs. Hernandez-Gonzalez's brief was due July 22,
2019 with the BOC's and Pacorini's briefs due August
12, 2019. On August 9, 2019, this Court issued a notice to
Mrs. Hernandez-Gonzalez advising that her brief was past due
and as a result, her right to oral argument had been
forfeited pursuant to Rule 2-12.12 of the Louisiana Uniform
Rules, Courts of Appeal. The notice further advised that the
appeal would be dismissed if a brief was not received within
thirty (30) days of the mailing of the notice. Mrs.
Hernandez-Gonzalez's brief was not filed until September