ABDULLAH MUHAMMAD A/K/A KIRK SPENCER VERSUS OFFICE OF THE DISTRICT ATTORNEY FOR THE PARISH OF ST. JAMES, ET AL
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ABDULLAH MUHAMMAD A/K/A KIRK NO. 18-C-700 SPENCER FIFTH CIRCUIT VERSUS COURT OF APPEAL OFFICE OF THE DISTRICT ATTORNEY FOR STATE OF LOUISIANA THE PARISH OF ST. JAMES, ET AL December 12, 2018 Susan Buchholz First Deputy Clerk IN RE ABDULLAH MUHAMMAD A/K/A KIRK SPENCER APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE KATHERINE TESS STROMBERG, DIVISION ''C'', NUMBER 36,508 Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson WRIT GRANTED FOR LIMITED PURPOSE In this case arising from a writ of mandamus seeking public records, relator Kirk Spencer seeks supervisory review of the trial court's October 9, 2018 judgment denying his request for costs and attorney’s fees and damages and penalties pursuant to La. R.S. 44:35 and dismissing with prejudice his petition for a writ of mandamus. A judgment that determines the merits in whole or in part is a final judgment. La. C.C.P. art 1841. The October 9, 2018 judgment determines the merits of the case as between the relator and respondents, and is therefore a final judgment. A final judgment is reviewable by this Court pursuant to its appellate jurisdiction. La. C.C.P. art. 2083. We therefore decline to exercise our supervisory jurisdiction to address the merits of this writ application; however, we invoke our supervisory jurisdiction for the limited purpose of instructing the trial court to construe relator’s notice of intent as a motion for appeal. Gretna, Louisiana, this 12th day of December, 2018. RAC FHW JGG 18-C-700 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 12/12/2018 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 18-C-700 E-NOTIFIED No Attorneys were ENOTIFIED MAILED Hon. Ricky L. Babin (Respondent) District Attorney 23rd Judicial District Court Post Office Box 66 Convent, LA 70723 Jane Hogan (Relator) Attorney at Law 310 North Cherry Street Hammon, LA 70401
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