Duplechain v. Town of Church Point, 053112 LACA3, WCA 12-476

Docket Nº:WCA 12-476
Case Date:May 31, 2012
No. WCA 12-476
Court of Appeals of Louisiana, Third Circuit
May 31, 2012
         NOT DESIGNATED FOR PUBLICATION          APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - # 4 PARISH OF ACADIA, NO. 10-01331 SHARON MORROW, WORKERS COMPENSATION JUDGE           Christopher Richard Philipp Attorney at Law, COUNSEL FOR DEFENDANT/APPELLEE: Town of Church Point           Gloria A. Angus Angus Law Firm, LLC, COUNSEL FOR PLAINTIFF/APPELLANT: Cynthia Duplechain           Court composed of Oswald A. Decuir, Billy H. Ezell, and J. David Painter, Judges.           J. DAVID PAINTER, JUDGE          This court, on its own motion, issued a rule for the appellant, Cynthia Duplechain, to show cause why this appeal should not be dismissed for its failure to have a motion and order of appeal. For the reasons explained, we permit the appellant to obtain an order of appeal within thirty days of this court's ruling, upon penalty of dismissal if the appellant should fail to correct this appeal before the expiration of this time period.          The instant appeal involves a consolidated action. Ms. Duplechain filed a claim, assigned docket number 08-21806, in district 4 of the Office of Workers' Compensation. Later, she filed a second claim arising out of the same matter, and this claim was assigned docket number 10-1331 in district 4 of the Office of Workers' Compensation. The two actions were consolidated by order of the workers' compensation court (OWC) judge.          These actions were tried together and resulted in one written judgment bearing both docket numbers. Ms. Duplechain filed a motion for new trial, bearing only docket number 08-21806. The OWC judge issued a written judgment denying the motion for new trial, bearing both docket numbers. Ms. Duplechain, through counsel, filed her Motion and Order for Devolutive Appeal, captioning the motion and order with only docket number 08-21806.          Upon the lodging of the record, this court issued a rule for Ms. Duplechain to show cause by brief only why the appeal should not be dismissed due to its failure to have a motion and order granting the appeal in docket number 10-1331, which bears this court's docket number WCA 12-476. Ms. Duplechain's counsel has filed a brief in response to this rule.          Louisiana Code of Civil Procedure Article 2121 states, in pertinent part, "An appeal is taken by obtaining an order therefor, within the delay...

To continue reading