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Hernandez-Gonzalez v. Board of Commissioners of Port of New Orleans

Court of Appeals of Louisiana, Fourth Circuit

November 4, 2019

Leticia HERNANDEZ-GONZALEZ, et al.
v.
BOARD OF COMMISSIONERS OF PORT OF NEW ORLEANS, et al.

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH, NO. 2007-16139, DIVISION "L-6", Honorable Kern A. Reese, Judge

         Ivan Alberto Orihuela, RIGUER SILVA, LLC, COUNSEL FOR PLAINTIFF/APPELLANT

         Leo 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 DEFENDANTS/APPELLEES

         (Court composed of Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins, Judge Tiffany G. Chase)

         OPINION

         Judge Tiffany G. Chase

Page 1156

         [2015-0948 La.App. 4 Cir. 2] Leticia 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.

          Procedural History

         Mrs. 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.[1] On March 28, 2011, Pacorini filed a motion for summary judgment.[2] 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 [2015-0948 La.App. 4 Cir. 3] trial court’s judgment on December 12, 2011. The order was signed by the trial court on December 20, 2011.

          On 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.

          On July 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 appeal.

          However, 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

Page 1157

motion to suspend briefing schedule and denied the BOC’s re-urged motion ...


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