Robert Gros VS STMG Lapeyre, LLC d/b/a St. Mary Galvanizing Company, LLC
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT ~JM ~ NO. 2014 CA 1679 ROBERT GROS VERSUS ~w- STMG LAPEYRE, LLC D/B/A ST. MARY GALVANIZING j\\J._\~ COMPANY,LLC Judgment Rendered: MAY 0 6 2015 ***** On Appeal from the 32nd Judicial District Court In and for the Parish of Terrebonne State of Louisiana Trial Court No. 167,970 Honorable Timothy C. Ellender, Judge Presiding **** * Stephen C. Thompson Baton Rouge, LA J. Keith Hardie, Jr. New Orleans, LA Attorneys for Plaintiff-Appellant, Robert Gros C. Shannon Hardy John W. Penny, Jr. Lafayette, LA Attorneys for Defendant-Appellee, STMG Lapeyre, LLC, d/b/a St. Mary Galvanizing Co., L.L.C. ***** BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ. HIGGINBOTHAM, J. Robert Gros appeals an amended judgment sustaining a peremptory exception based on prescription and the dismissal of his lawsuit against STMG Lapeyre, L.L.C., d/b/a St. Mary Galvanizing Company, L.L.C. ("STMG"). Gros contends that the amended judgment is procedurally defective in that it was rendered by the trial court after it had been divested of jurisdiction. Gros requests a remand of this case to the Thirty-Second Judicial District Court, or in the alternative, he insists that a reversal on the merits is necessary. In a separate appeal rendered this same date, Gros v. STMG Lapeyre, LLC d/b/a St. Mary Galvanizing Company, LLC, 2014 CA 0848 (La. App. 1st Cir. 5/6/15)(unpublished), this Court considered and rendered judgment on the merits of the amended judgment complained of in this appeal. 1 Given our resolution of this matter in the separate appeal, any action we would take in this appeal is unnecessary as the issues in this appeal are now moot. It is well settled that courts will not decide abstract, hypothetical or moot controversies, or render advisory opinions with respect to such controversies. Louisiana State Bd. of Nursing v. Gautreaux, 2009-1758 (La. App. 1st Cir. 6/11(10), 39 So.3d 806, 811, writ denied, 2010-1957 (La. 11/5/10), 50 So.3d 806. If the case is moot, there is no subject matter on which the judgment of the court can operate. Id. Thus, in accordance with Uniform Rules - Courts of Appeal, Rule 216.2(A)(1), (2), and (3), we find the issues raised in this appeal are moot, and we must, therefore, dismiss this appeal for lack of subject matter jurisdiction. Costs of this appeal are assessed to plaintiff-appellant, Robert Gros. APPEAL DISMISSED. A joint motion to consolidate was denied by this Court; however, the two appeals were assigned to the same panel and placed on the same docket. Gros v. STMG Lapeyre, LLC d/b/a St. Mary Galvanizing Company, LLC, 2014-0848 and 2014-1679 (La. App. 1st Cir. 12/7/14 )(unpublished). 1 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
