STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT NO: CW 11-00023 Judgment rendered and mailed to all parties or counsel of record on January 12,2031, CITY OF ALEXANDRIA AND JACQUES ROY, IN HIS CAPACITY AS MAYOR. VERSUS ROOSEVELT L. JOHNSON, INDIVIDUALLY AND AS PRE: ALEXANDRIA CITY COUNCIL ***consolidated with*** TIFFANY SANDERS VERSUS, ALEXANDRIA CIVIL SERVICE COMMISSION On application of City of Alexandria and Jacque Roy, in his capacity as Mayor, for Supervisory Writ in No. 240,471, 240,490 on the docket of the Ninth Judicial District Court, Parish of Rapides, Honorable George Clarence Metoyer, Jr. Counsel for: Steven M. Oxenhandler City of Alexandria Jacque Roy, in his capacity as Mayor Counsel for: Thomas D. Davenport, Jr. Alexandria Civil Service Commission ‘ounsel fi y oosevelt L Johnson, Pr Alexandria City Council Tiffany Sanders Lake Charles, Louisiana, on January 12, 2011. STAY DENIED. WRIT GRANTED IN PART AND MADE PEREMPTORY; WRIT DENIED IN PART. We find that the trial court erred in denying the motion for voluntary dismissal. Pretermitting consideration as to whether the trial court erred in failing togrant the motion for voluntary dismissal upon its initial submission, we find that once the City of Alexandria and Jacques Roy, in his capacity as Mayor (hereinafter relators), agreed in open court to dismiss their action with prejudice, the trial court erred in failing to grant this motion. No party made any showing at the hearing on January 5, 201 1, that any harm would result if the motion for voluntary dismissal was granted with prejudice. Therefore, we reverse the trial court’s ruling denying the motion for voluntary dismissal, and we hereby enter judgment dismissing the action captioned City of Alexandria and Jacques Roy, in his Capacity as Mayor versus Roosevelt L, Johnson, Individually and:as President of Alexandria City Council, ing docket number 240,471 of the Ninth Judicial District, Rapides Parish, with prejudice Having granted the motion for voluntary dismissal, we find that the trial court’s ruling consolidating these actions has been rendered moot. We remand this matter for further proceedings in accordance with this ruling. SD. TD PMK J.D. S. J.D.P. P.M. K. 2m avRUECOPY gant? amt Lake Charles, LA —_—_— _MeNEELY CHARLES RT ct