183 So. 3d 821
La. Ct. App.2016Background
- Plaintiff Ashley Alexander sued after a vehicle collision; defendants included the driver Maki M. Gregory and Crete Carrier Corporation.
- Trial court granted defendants’ motion for summary judgment on June 26, 2014; the clerk mailed notice of that judgment on July 7, 2014.
- Plaintiff requested written reasons on July 16, 2014; the trial judge later issued written reasons on October 14, 2014 (Clerk did not reflect mailing of those reasons).
- Plaintiff filed a notice of appeal on April 8, 2015, roughly nine months after the clerk mailed notice of the June 26 judgment.
- Plaintiff argued the appeal was timely because it was filed immediately after receipt of the written reasons; court treated the appeal as taken from the June 26 judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Appeal is timely because filed after receipt of written reasons | Appeal is untimely because notice of the June 26 judgment was mailed July 7, 2014 and started the appeal period | Appeal untimely; dismissed for lack of jurisdiction |
| Whether reasons for judgment restart appeal period | Written reasons received restarted the ten-day appeal period | Appeal period runs from receipt of notice of the judgment, not from reasons | Reasons do not restart the appeal period; appeals are from judgments |
| Whether notice was required and when period commenced | Receipt of written reasons controlled timing | Notice of the judgment was required and mailing/receipt of that notice commenced the period | Notice of judgment was required; mailing/receipt commenced the appeal period |
| Appellate court jurisdiction over untimely appeals | Court should consider merits because reasons issued later | Court lacks jurisdiction over untimely appeals and must dismiss sua sponte | Court lacks jurisdiction and dismissed appeal as untimely |
Key Cases Cited
- State Farm Mut. Auto. Ins. Co. v. Jimenez, 726 So.2d 465 (La. App. 5 Cir. 1999) (appeals are taken from the judgment, not reasons for judgment)
- Franks v. West Jefferson Medical Center, 694 So.2d 1089 (La. App. 5 Cir. 1997) (distinguishing judgment from reasons for judgment for appeal timing)
- Ziegel v. South Central Bell, 635 So.2d 314 (La. App. 5 Cir. 1994) (appeals are from the judgment, not the reasons)
- Myles v. Turner, 612 So.2d 32 (La. 1993) (appeal period commences upon receipt of notice of judgment)
- Smith v. Winn-Dixie Louisiana, Inc., 626 So.2d 750 (La. App. 5 Cir. 1993) (appellate court may dismiss untimely appeals for lack of jurisdiction)