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STATE DIVISION OF ADMINISTRATION OFFICE OF COMMUNITY DEVELOPMENT DISASTER RECOVERY UNIT v. Kiesha Moreira (2022)

Court of Appeal of Louisiana, Fifth Circuit.2022-01-12No. NO. 21-C-711

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Opinion

WRIT GRANTED FOR LIMITED PURPOSE

Relator Keisha Moreira seeks supervisory review of the trial courts judgment denying her peremptory exception of peremption. The writ application indicates that at the same hearing, the trial court also considered and granted plaintiffs motion for summary judgment which fully determined the merits of the action. The judgment for which relator seeks supervisory review is an interlocutory judgment reviewable as part of an appeal of the judgment granting plaintiffs motion for summary judgment, which judgment on plaintiffs motion for summary judgment is a final, appealable judgment pursuant to La. C.C.P. art. 1841. As such, under the particular procedural posture of this case, relators proper remedy is an appeal, not an application for supervisory writs.

We therefore grant this writ application for the limited purpose of remanding the matter to the trial court with instructions to construe relators notice of intent as a timely motion for appeal.

Gretna, Louisiana, this 12th day of January, 2022.