Mary Reaney-Gates, Wife of/and Mark Gates, Carla P. Bubacz, Wife of/and Rex Bubacz v. Teodoro Rivera Mendoza, Icm Insurance Company, and the Hanover American Insurance Company, 293 So.3d 77

2010 automobile accident; plaintiffs (Mark Gates and others) sued the alleged at-fault driver, the driver's liability insurer, and Hanover (a guest passenger’s UM carrier).
Hanover contended GEICO’s policy (covering plaintiff’s vehicle) provided UM coverage that would prime Hanover’s coverage; dispute centered on validity of a 1998 UM waiver form executed by Mark Gates.
Cross-motions for summary judgment were filed by GEICO and Hanover about whether the 1998 waiver remained valid under the 2010 version of La. R.S. 22:1406 given intervening statutory changes (1999–2003).
Hearing on the motions occurred March 22, 2019 before Judge Paulette Irons; she ruled from the bench granting Hanover’s motion and denying GEICO’s.
A written judgment reflecting Judge Irons’ ruling was prepared but was signed by Judge Christopher Bruno (who did not preside at the hearing) on May 24, 2019; GEICO appealed.
The Fourth Circuit examined whether the judgment was a valid, appealable final judgment given the signature defect and concluded it was not; the appeal was dismissed without prejudice and the case remanded for the presiding judge to sign the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 1998 UM-waiver remained valid under the 2010 statute given the 1999–2003 statutory regime	Gates/plaintiffs: the waiver is invalid and UM coverage should apply	GEICO: the 1998 waiver remains valid; trial court erred in declaring it permanently invalid	Court did not decide the substantive waiver issue on appeal — merits not reached because judgment was not a valid final judgment
Whether a written judgment signed by a judge who did not preside at the hearing is a final, appealable judgment	GEICO (appellant): judgment is final and appealable	Hanover/appellees: signature by non-presiding judge is fatal; only the presiding judge may render and sign the written judgment	Court held the signature by non-presiding judge was a fatal defect; appeal dismissed without prejudice and remanded so the presiding judge (Judge Irons) may sign the judgment

Louisiana Paving Co., Inc. v. St. Charles Parish Public Schools, 593 So.2d 892 (La. App. 5th Cir. 1992) (only the judge who presided may render and sign written judgment)
Ledoux v. Southern Farm Bureau Cas. Ins. Co., 337 So.2d 906 (La. App. 3rd Cir. 1976) (same principle regarding presiding judge and judgment signature)
Ourso v. Ourso, 482 So.2d 824 (La. App. 4th Cir. 1986) (no final judgment exists until the presiding judge signs)
Moon v. City of New Orleans, 190 So.3d 422 (La. App. 4th Cir. 2016) (appellate courts must sua sponte determine jurisdiction)
Mullins v. Mississippi Valley Silica Co., Inc., 982 So.2d 209 (La. App. 4th Cir. 2008) (interpreting requirement that presiding judge sign written judgment)
Acker v. Bailiff, 94 So.3d 1011 (La. App. 2nd Cir. 2012) (same rule on presiding judge’s signature)
State in Interest of I.K., 257 So.3d 694 (La. App. 1st Cir. 2018) (reiterating requirement that the judge who conducted the hearing must sign the judgment)