In Re Succession of Guilbeau
51 So. 3d 185
| La. Ct. App. | 2010Background
- Judgment on stock valuation was entered July 12, 2010; it adjudicated fair market value of Sunset Bancorp stock and related distributions.
- Appellants filed a Petition/Motion for Suspensive Appeal with a bond on August 23, 2010; record lodged in this court.
- James H. Guilbeau Trust moved to dismiss the appeal as untimely or to maintain the appeal as devolutive only; sought complete dismissal.
- This court issued a rule to show cause why the appeal should not be dismissed as non-appealable under La.Code Civ.P. art. 1915(B) and Messinger.
- Appellants argued the judgment was final or was properly designated as appealable by the order of appeal.
- This court held the judgment was a partial judgment under Article 1915(B), and that signing the order of appeal did not constitute proper designation; therefore the appeal was not appealable without express designation and reasons; the appeal was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stock-valuation judgment is appealable without designation | Sunset Bancorp argues the judgment is final or effectively designated | Guilbeau Trust argues it is not appealable without express designation | Not appealable without designation |
| Whether signing the order of appeal suffices as designation | Sunset Bancorp contends designation occurred via the order | Guilbeau Trust contends it does not constitute proper designation | Not a valid designation of appealability |
| Whether Messinger criteria apply and support dismissal | Sunset Bancorp argues explicit reasons are present or implied | Guilbeau Trust argues no valid designation and no express reasons | Appeal dismissed for lack of proper designation and express reasons |
Key Cases Cited
- R.J. Messinger, Inc. v. Rosenblum, 894 So.2d 1113 (La. 2005) (designated final judgments require express reasons or de novo review if none given)
- Pitts v. Fitzgerald, 818 So.2d 847 (La.App. 1 Cir. 2002) (designation of appealability not satisfied by unsigned order)
- Deal v. Housing Authority of New Orleans, 735 So.2d 685 (La.App. 4 Cir. 1999) (similar principle on proper designation of appealability)