120 So. 3d 952
La. Ct. App.2013Background
- Since 1882, the Railroad held a right-of-way near its Lake Ponchartrain track.
- Landrys purchased adjacent property in 2002, with the deed noting the Railroad’s right-of-way.
- The Landrys built a camp in 2009 on land, not over the water, overlapping the right-of-way.
- Railroad sought injunctive relief for items placed on the property and a walkway that lay partially within the right-of-way.
- The trial court granted a preliminary injunction, ordered removal of infringing items and the walkway, and later held the Landrys in contempt until compliance.
- On August 13, 2012, Landrys sought to keep the walkway; the trial court denied, and the appeal was converted to a supervisory writ which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the walkway motion is appealable | Landrys argue there is a right to appellate review of the denial | Railroad contends the ruling is not an appealable interlocutory judgment | Writ review proper; denial is not appealable marriage |
Key Cases Cited
- Favrot v. Favrot, 68 So.3d 1099 (La.App. 4 Cir. 2011) (interlocutory judgments review; non-appealable judgments require supervisory review)
- Kurz v. Milano, 6 So.3d 916 (La.App. 4 Cir. 2009) (recognizes supervisory review as vehicle for interlocutory rulings)
- Lalla v. Calamar, N.V., 5 So.3d 927 (La.App. 4 Cir. 2009) (conversion of appeal to supervisory jurisdiction for certain interlocutory issues)
- Gieck v. Tenet Healthcare Corp., 976 So.2d 767 (La.App. 4 Cir. 2008) (authority on supervisory writ review procedures)
- First National Bank of Picayune v. Pearl River Fabricators, Inc., 971 So.2d 302 (La.2007) (supervisory jurisdiction over Circuit Court decisions; appellate review within supervisory realm)
- Livingston Downs Racing Assn., Inc. v. Louisiana State Racing Comm’n, 675 So.2d 1214 (La.App. 4 Cir. 1996) (principles of supervisory review jurisdiction)
- Bulot v. Intracoastal Tubular Services, Inc., 817 So.2d 1149 (La.2002) (scope of supervisory writ and non-binding remarks in denial of writ)