334 So.3d 413
La. Ct. App.2021Background
- The Josephs filed a legal-malpractice suit in 2004; the trial court dismissed it with prejudice in May 2006.
- The Josephs filed a timely motion for appeal in 2006, but the motion was not signed by the trial court until 2016.
- In 2013 the Josephs filed Chapter 7 bankruptcy and failed to disclose the malpractice claim, raising the issue that the bankruptcy trustee might hold the claim.
- This litigation produced multiple appellate rulings: Joseph I (remanding for the trial court to sign the appeal) and Joseph II (reversing the 2006 dismissal and remanding).
- In 2017 the trial court conditionally granted defendant Wasserman’s exception of no right of action and stayed the Josephs’ claims pending notice to the bankruptcy trustee.
- On December 10, 2020 the trial court denied the Josephs’ petition for sequestration and their bifurcated motion to intervene and amend; the Josephs appealed, and this Court dismissed the appeal for lack of appellate jurisdiction and declined to exercise supervisory jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the December 10, 2020 judgments (denying sequestration and denying motion to intervene/amend) are appealable | Josephs proceeded by ordinary appeal to obtain review of those denials | Wasserman (and the court) contended the orders are interlocutory/non-final and not appealable | Court: judgments are not final or expressly appealable; appeal dismissed for lack of appellate jurisdiction |
| Whether the appellate court should convert the improper appeal to an application for supervisory writ and exercise jurisdiction | Josephs had already sought supervisory review and sought appellate review | Wasserman opposed conversion; court noted discretion to convert but considered prior writ practice | Court declined to convert because the writ route had already been attempted and denied; it declined to exercise supervisory jurisdiction |
Key Cases Cited
- Joseph v. Wasserman, 237 So.3d 14 (La. App. 4 Cir. 2018) (prior appellate decision summarizing the case history)
- Joseph v. Wasserman, 194 So.3d 720 (La. App. 4 Cir. 2016) (Joseph I) (directing trial court to sign the timely-filed appeal)
- Joseph v. Wasserman, 206 So.3d 970 (La. App. 4 Cir. 2016) (Joseph II) (reversing the trial court's dismissal)
- Schwarzenberger v. Louisiana State Univ. Health Sciences Ctr.-New Orleans, 263 So.3d 449 (La. App. 4 Cir. 2019) (appellate courts must determine sua sponte whether they have jurisdiction)
- Embrace Home Loans, Inc. v. Burl, 318 So.3d 86 (La. App. 4 Cir. 2018) (finality requirement for invoking appellate jurisdiction)
- Thrasher Const., Inc. v. Gibbs Residential, L.L.C., 197 So.3d 283 (La. App. 4 Cir. 2016) (appealability of final and partial final judgments)
- Dupuy Storage & Forwarding, LLC v. Max Speciality Ins. Co., 203 So.3d 337 (La. App. 4 Cir. 2016) (appellate court has discretion to convert an improper appeal to a writ application)