273 So. 3d 459
La. Ct. App.2019Background
- Plaintiff Laverne Joseph sued Egan Health Care Corporation (Egan Corp.) for employment discrimination; she later added Egan Health Care of Plaquemines, Inc. (Egan Plaquemines) as a separate defendant.
- Egan Corp. moved for summary judgment asserting it never employed Joseph and is misjoined; it submitted paystubs, W-2s, affidavits, and discovery responses showing employment by Egan Plaquemines.
- The trial court heard Egan Corp.’s motion on May 8, 2018 and granted summary judgment in favor of Egan Corp. on May 10, 2018.
- Egan Plaquemines separately moved for summary judgment; the court granted that motion by a separate judgment on June 26, 2018.
- Joseph filed a motion for appeal on August 23, 2018 seeking review of the summary judgment in favor of Egan Corp., more than 60 days after the May 10 judgment and citing an incorrect April 9 date.
- Egan Corp. moved to dismiss the appeal as untimely; the appellate court found the appeal was not filed within the devolutive appeal delay and dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal of the May 10, 2018 summary judgment was timely | Joseph sought review of the judgment in favor of Egan Corp., but cited an incorrect date | Egan Corp. argued the devolutive appeal was filed more than 60 days after the judgment and is therefore untimely | Appeal dismissed for lack of jurisdiction because Joseph failed to file within the Article 2087 devolutive delay |
| Whether the two Egan entities are the same for purposes of appeal timing | Joseph sometimes referred to the defendants interchangeably | Egan Corp. pointed to separate pleadings, hearings, and judgments showing distinct entities | Court treated Egan Corp. and Egan Plaquemines as separate entities; appeal related to Egan Corp.’s May 10 judgment and required timely filing specific to that judgment |
Key Cases Cited
- Davis v. Caraway, 136 So.3d 81 (La. App. 5 Cir. 2014) (timeliness of devolutive appeal is jurisdictional)
- Falkins v. Jefferson Parish School Bd., 695 So.2d 1005 (La. App. 5 Cir. 1997) (Article 2087 appeal delays govern devolutive appeals)
- Martin v. Freiberger, 822 So.2d 810 (La. App. 5 Cir. 2002) (failure to timely appeal deprives appellate court of jurisdiction)
- Parish of Jefferson v. McGee, 67 So.3d 640 (La. App. 5 Cir. 2011) (appellate court lacks authority to alter final judgment after appeal delay)
- Baton Rouge Bank & Trust Co. v. Coleman, 582 So.2d 191 (La. 1991) (appeal delays are jurisdictional)