2026-CA-0433•WHITNEY HAMPTON, M.D. vs. versus STEPHANIE LEWIS
Full text
WHITNEY HAMPTON, M.D.
VERSUS
STEPHANIE LEWIS
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NO. 2026-CA-0433
COURT OF APPEAL
FOURTH CIRCUIT
STATE OF LOUISIANA
APPEAL FROM
CIVIL DISTRICT COURT, ORLEANS PARISH
NO. 2024-03144, DIVISION “H-3”
Hon. LaKeisha N. Jefferson, Judge
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JUDGE SANDRA CABRINA JENKINS
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(Court composed of Judge Sandra Cabrina Jenkins, Judge Dale N. Atkins, Judge
Rachael D. Johnson)
Nairda (Lesa) Teresa Colon
Joshua Spencer
Kari D. Fleming
Leah T. Therio
FRILOT, L.L.C.
1100 Poydras Street
Suite 3700
New Orleans, LA 70163
COUNSEL FOR PLAINTIFF/APPELLEE
Stephanie Lewis
4703 Music Street
New Orleans, LA 70122
DEFENDANT/APPELLANT
APPEAL DISMISSED
OCTOBER 23, 2026
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SCJ
DNA
RDJ
Appellant, Stephanie Lewis (“Ms. Lewis”), pro se, appeals the January 27,
2026 judgment on the motion to enforce judgment awarding and assessing costs
and attorney’s fee. Ms. Lewis also appeals the May 5, 2026 judgment dismissing
the motion to review and amend attorney’s fee award and for reimbursement. For
the reasons that follow, we dismiss the appeal as abandoned.
FACTS AND PROCEDURAL BACKGROUND
On April 5, 2024, Dr. Whitney Hampton (“Dr. Hampton”) filed a petition
for protection from stalking against Ms. Lewis. Dr. Hampton alleged that she
treated Ms. Lewis in the emergency department at Ochsner Medical Center on
October 25, 2022. Dr. Hampton further alleged that she issued a Physician
Emergency Certificate, which led to Ms. Lewis’s placement under temporary
psychiatric hold. Dr. Hampton asserted thereafter, Ms. Lewis began to repeatedly
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harass and threaten her and her family through telephone calls, text messages,
social media postings, and an uninvited home visit.
An order of protection was issued on May 13, 2024. Additionally, on August
9, 2024 a judgment assessing costs and attorney’s fee was issued.1 Thereafter, on
May 5, 2025, Dr. Hampton filed a motion to enforce the August 9, 2024 judgment
and for contempt and sanctions. The district court held a hearing on the motion to
enforce on January 8, 2026. On January 27, 2026, the district court signed a
judgment deferring the motion for contempt and sanction, and granting the motion
to enforce.
On February 11, 2026, counsel for Dr. Hampton issued notice to the district
court that the judgment on the motion to enforce had been satisfied in full by Ms.
Lewis through delivery of a check. On March 10, 2026, Ms. Lewis moved to
review and amend attorney’s fee award and for reimbursement. On March 25,
2026, Ms. Lewis moved for a devolutive appeal in relation to the motion to
enforce.
Thereafter, a hearing was held on April 15, 2026, on the motion to review
and amend attorney’s fee award and for reimbursement. The district court signed a
judgment on May 5, 2026, dismissing the motion without prejudice. Ms. Lewis
filed a second motion for devolutive appeal on April 28, 2026. This appeal follows.
DISCUSSION
The record in this matter was received on June 24, 2026. On same date, Ms.
Lewis received notice of the briefing deadlines. Ms. Lewis’s brief was due on July
20, 2026, and Dr. Hampton’s brief was due on August 10, 2026. On August 10,
2026, the Clerk of Court issued a Notice to Ms. Lewis, informing her that her
1 Ms. Lewis owed a total of $7,829.50, which was due on August 14, 2024.
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appellant brief had not been received and that her appeal shall be dismissed within
thirty days of the mailing of the notice unless her appellant’s brief is filed in the
meantime.
On October 21, 2026, Dr. Hampton moved to dismiss the appeal as
abandoned. On the same date, Ms. Lewis filed an opposition to the motion to
dismiss. Ms. Lewis also moved for leave to file an out of time appellant brief and
to set a fourteen-day filing deadline.
Uniform Rules, Courts of Appeal, Rule 2-8.6 provides,
For civil appeals, if an appellant does not file a brief within the time
prescribed by Rule 2-12.72 or any extension thereof granted by the
court as provided by Rule 2-12.8, a notice shall be transmitted by the
clerk to counsel for the appellant, or to the appellant if not
represented, that the appeal shall be dismissed 30 days thereafter
unless a brief is filed in the meantime. If an appellant does not file a
brief within 30 days after such notice is transmitted, the appeal shall
be dismissed as abandoned. Provided, however, that irrespective of
the time limit provided in Rule 2-12.7 for the appellee to file a brief,
the appellee's brief shall be filed within 20 days from the due date
shown on the notice of abandonment.
Ms. Lewis failed to comply with the Uniform Rules by not filing her appellant
brief, even after notice that her appeal would be dismissed pursuant to Uniform
Rules, Courts of Appeal, Rule 2-8.6. Ms. Lewis also did not seek a motion for
extension of time to file her brief until October 21, 2026, after the thirty-day period
2 Uniform Rules, Courts of Appeal, Rule 2-12.7 provides:
The brief of the appellant shall be filed not later than 25 calendar days after the
lodging of the record in the court, and the brief of the appellee shall be filed not
later than 45 calendar days after the lodging of the record in the court. The reply
brief, if any, of the appellant shall be filed not later than 10 calendar days after the
appellee brief is filed.
Unless otherwise directed by the court in the notice of lodging, in the case of a
timely order of appeal being obtained by a litigant subsequent to an earlier order
of appeal obtained by a different litigant, the brief on behalf of the litigant whose
order of appeal bears the earlier date shall be due in accordance with the
provisions of the appropriate Rule regarding the appellant. The brief on behalf of
the litigant whose order of appeal bears the later date shall be due in accordance
with the provisions of the appropriate Rule regarding the appellee.
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expired and after Dr. Hampton filed a motion to dismiss the appeal. Accordingly,
Ms. Lewis’s appeal is deemed abandoned and is dismissed in accordance with
Uniform Rules, Courts of Appeal, Rule 2-8.6.
APPEAL DISMISSED
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