77 So. 3d 455
La. Ct. App.2011Background
- Ray Brown brought a breach of contract action against Victor and June Loraso for damages and costs under a November 10, 2002 contract.
- Loraso answered with a general denial and reconventional demand alleging failures in completing contract specifications.
- Ray Brown moved for peremptory exception of res judicata alleging Lorasos' reconventional claims had been settled in a separate compromise.
- Trial court granted the res judicata exception and dismissed Lorasos' reconventional demand with prejudice on October 8, 2010.
- Lorasos appealed, but the appellate court dismissed the appeal for lack of a final, immediately appealable judgment.
- The dismissal relied on Article 1915 and held there was no certification of finality; costs were assessed against Lorasos.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the October 8, 2010 judgment final and appealable? | Brown argues the judgment is final and subject to immediate appeal. | Loraso argues the judgment is partial and not final without certification. | No final, immediately appealable judgment. |
| Does Article 1915 require certification to render a partial judgment appealable? | Brown contends no certification is needed if finality is implicit. | Loraso contends certification is required for any partial judgment to be appealable. | Certification is required; absence bars immediate appeal. |
| May a partial final judgment be reviewed without certification under these circumstances? | Brown asserts the court has jurisdiction to review partial final judgments. | Loraso argues there is no jurisdiction without certification. | Appellate jurisdiction does not exist without certification; appeal dismissed. |
Key Cases Cited
- First Bank and Trust v. Proctor’s Cove II, LLC, 37 So.3d 1019 (La.App.5 Cir. 2010) (partial final judgment requires finality designation under Art. 1915)
- Messinger v. Rosenblum, 894 So.2d 1113 (La. 2005) (no certification requirement applies where there is no certification of final judgment)
- Shapiro v. L & L Fetter, Inc., 845 So.2d 406 (La.App.5 Cir. 2003) (lack of finality prevents appellate review of partial judgments)
- Raspanti v. Raspanti, 925 So.2d 676 (La.App.5 Cir. 2006) (jurisdictional limits on reviewing partial judgments)