The State of Louisiana, through the Department of Transportation and Development, Willis Jenkins, John Eason, and Pam Higginbotham (collectively “DOTD”) filed this appeal seeking review of the trial courts August 7, 2020 judgment. The same August 7, 2020 judgment previously was considered by this court on DOTDs application for supervisory writ. (Fourth Circuit Court of Appeal No. 2020-C-0488). On November 5, 2020, this court denied DOTDs writ application. From this courts ruling denying its writ, DOTD filed a writ application with the Louisiana Supreme Court. (Louisiana Supreme Court No. 2020-CC-1386). This court issued an order on February 15, 2021, continuing without date DOTDs appeal pending the Supreme Courts issuance of its decision on DOTDs writ application.
On May 11, 2021, the Louisiana Supreme Court issued a final decision on DOTDs writ application. See La. C.C.P. art. 2167(C) (providing that “[w]hen an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied”). As a result of the Supreme Courts decision, the plaintiffs suit against the DOTD has been dismissed with prejudice. Accordingly, DOTDs appeal in this matter is dismissed as moot.
APPEAL DISMISSED
Judge Rosemary Ledet