REVERSED AND REMANDED
"the trial judge has no power to dismiss a case on his own motion." Spencer, 432 So.2d at 824.
====The Mayor and the City now appeal, asserting that the trial court erred: in dismissing their petition of intervention on its own motion; in rendering orders and decrees beyond any relief sought by the parties; and in asserting jurisdiction over and issuing rulings in a case not assigned to it and in "which case the court's Consolidation Order had been rendered moot by a specific Writ Application Ruling of this Court."
====
on 05 october 2011 the 3rd circuit appeals court heard the oral argument of the consolodated appeal from a judgment signed by ninth judicial district court judge george metoyer.
this case is seen as a "must win" for the mayor.
there has been lots of speculation in the form of internet chatter, for example, on gannett/the town talk's forums; in their news coverage of the court proceedings, of unethical attorney conduct, as well as possible judicial misconduct and even possibly collusion on the part of the judge and one of ms. sander's attorneys, namely, thomas davenport. it looks like a lot of that was spelled out in the mayor's other assignments of error.
sadly, the 3rd circuit by refusing to address those important issues engaged in another louisiana style good ol boy network coverup, perhaps a little judicial asscovering, -- choosing to rule only on the mayor's first assignment of error.
of course if the corrupt, crooked louisiana judicial branch of government didnt hide their proceedings from view by prohibiting citizens from bringing their own cameras and recording devices in the courtroom (all courtrooms should be streamed online anyway and if the court proceedings were streamed online it would help put a stop to a lot of the outright fraud that goes on) we could look at the courtroom video and see for ourselves.
moments ago the 3rd circuit issued their opinion:PHYLLIS M. KEATY
LINK six page .pdf [206 kb]
JUDGE
**********
Court composed of Sylvia R. Cooks, James T. Genovese, and Phyllis M. Keaty, Judges.
REVERSED AND REMANDED.
DECREE
For the foregoing reasons, we reverse the judgments rendered on February 4, 2011, and February 14, 2011, and we remand these matters to the trial court for further proceedings consistent with this opinion. All costs are to be shared equally by the parties to this appeal.
REVERSED AND REMANDED.
LINK2 three page .pdf [78 kb]
or
click here for the complete opinion all nine pages .pdf [274 kb]
UPDATE: see cenlabriarpatch: ""Alexandria Mayor Jacques Roy Wins In The Appellate Court Over The Tiffany Sanders Litigation"
DEVELOPING ... MORE LATER ...
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Case Number 11 539 CA Hearing Date: 10/05/2011
TIFFANY N. SANDERS
VERSUS
ALEXANDRIA CIVIL SERVICE COMMISSION, ET AL.
Lead Case CA 11 0000539 consolidated with CA 11 0000540
Trial Court - Rapides
Ninth Judicial District Court
Defendant Appellee - Winston Gerard DeCuir - Dr. Ronald Mason Jr.
Defendant Appellee - Winston Gerard DeCuir - Southern University A & M System
Intervenor Appellant - Michael John O'Shee - City of Alexandria
Intervenor Appellant - Samuel Newman Poole Jr. - City of Alexandria
Intervenor Appellant - Joseph H. L. Perez-Montes - City of Alexandria
Intervenor Appellant - Steven M. Oxenhandler - City of Alexandria
Intervenor Appellant - Michael John O'Shee - Hon. Jacques M. Roy, Mayor
Intervenor Appellant - Samuel Newman Poole Jr. - Hon. Jacques M. Roy, Mayor
Intervenor Appellant - Joseph H. L. Perez-Montes - Hon. Jacques M. Roy, Mayor
Intervenor Appellant - Steven M. Oxenhandler - Hon. Jacques M. Roy, Mayor
Plaintiff Appellee - Malcolm Xerxes Larvadain - Tiffany N. Sanders
Defendant Appellee - Thomas D. Davenport, Jr. - Alexandria Civil Service Commiss
--------------------------------------------------------------------------------
Case Number 11 540 CA Hearing Date: 10/05/2011
TIFFANY N. SANDERS
VERSUS
ALEXANDRIA CIVIL SERVICE COMMISSION, ET AL.
Lead Case CA 11 0000539 consolidated with CA 11 0000540
Trial Court - Rapides
Ninth Judicial District Court
Intervenor Appellant - Samuel Newman Poole Jr. - City of Alexandria
Intervenor Appellant - Joseph H. L. Perez-Montes - City of Alexandria
Intervenor Appellant - Steven M. Oxenhandler - City of Alexandria
Defendant Appellee - Winston Gerard DeCuir - Dr. Ronald Mason Jr.
Defendant Appellee - Winston Gerard DeCuir - Southern University A & M System
Intervenor Appellant - Samuel Newman Poole Jr. - Hon. Jacques M. Roy, Mayor
Intervenor Appellant - Joseph H. L. Perez-Montes - Hon. Jacques M. Roy, Mayor
Intervenor Appellant - Steven M. Oxenhandler - Hon. Jacques M. Roy, Mayor
Plaintiff Appellee - Malcolm Xerxes Larvadain - Tiffany N. Sanders
Defendant Appellee - Thomas D. Davenport, Jr. - Alexandria Civil Service Commiss
