Jeff Mercer, L.L.C. v. Austin Bridge and Road, L.P.
CourtLouisiana Court of Appeal
Date FiledOctober 30, 2026
Docket2026 CW 1000
StatusUnknown
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Full Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JEFF MERCER, L.L.C. NO. 2026 CW 1000
VERSUS
AUSTIN BRIDGE AND ROAD, LP,
FEDERAL INSURANCE COMPANY,
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND, TRAVELERS
CASUALTY AND SURETY COMPANY
OF AMERICA, ZURICH AMERICAN
INSURANCE COMPANY AND STATE
OF LOUISIANA, DEPARTMENT OF
TRANSPORTATION AND
DEVELOPMENT OCTOBER 30, 2026
In Re: Jeff Mercer, LLC, applying for rehearing, 19th Judicial
District Court, Parish of East Baton Rouge, No. 615815.
BEFORE : THERIOT, PENZATO, GREENE, EDWARDS, AND BALFOUR, JJ.
APPLICATION FOR REHEARING DENIED.
MRT
AHP
HG
KEB
Edwards, J., dissents and would grant the application for
rehearing. Pursuant to La. Code Civ. P. art. 2088(A) (5), the trial
court retains jurisdiction to “[t]lest the solvency of the surety
on the appeal bond as of the date of its filing or subsequently,
consider objections to the form, substance, and sufficiency of the
appeal bond, and permit the curing thereof, as provided in Articles
9123, 5124, and 5126.” This is not a matter reviewable under appeal
so as to divest the trial court of jurisdiction. Because the bond
did not exceed one hundred fifty percent of the amount of the money
judgment, I find the trial court did not err in its ruling.
“COURT OF APPEAL, FIRST CIRCUIT
ey
OL, NPL “ 4 Ok 2
“ae CLERK OF COUR
FOR THE COURT