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