348 So.3d 849
La. Ct. App.2022Background
- Plaintiff Otis Jones alleged he was electrocuted on May 10, 2018 after contacting an exposed wire at 1016 Webster St., New Orleans; he sued, naming Whip’s Electric, LLC and Africk Construction, LLC among others.
- Africk moved for summary judgment on Oct. 14, 2020; Whip’s moved on Nov. 10, 2020.
- A hearing on both motions occurred Dec. 11, 2020 and was presided over by Judge Piper D. Griffin; oral argument was heard that day.
- Judge Griffin’s term expired Dec. 31, 2020; a written judgment granting both motions without prejudice was signed by successor Judge Jennifer M. Medley on Jan. 15, 2021.
- Jones appealed, arguing the post‑term signature rendered the judgment a nullity and that genuine issues of material fact precluded summary judgment.
- The Fourth Circuit dismissed the appeal without prejudice and remanded for the successor judge to sign a judgment that complies with the statutory successor‑judge requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a written judgment signed by a judge who did not preside at the hearing is a valid, appealable final judgment | Jones: Judgment is a legal nullity because the successor judge did not preside and did not state compliance with the statutory exception | Appellees: La. R.S. 13:4209 allows a successor judge to sign if the predecessor rendered but did not sign judgment before leaving office | Court: Judgment is not appealable because successor judge did not state she was acting under La. R.S. 13:4209; appeal dismissed without prejudice |
| Whether summary judgment was proper on the merits | Jones: Evidence shows genuine triable issues of fact, so summary judgment was erroneous | Appellees: Motions were properly granted at hearing | Court: Did not reach merits because the written judgment was not a valid final judgment for appellate review |
Key Cases Cited
- Moon v. City of New Orleans, 190 So.3d 422 (La. App. 4 Cir. 2016) (appellate courts must first confirm jurisdiction exists).
- Reaney-Gates v. Mendoza, 293 So.3d 77 (La. App. 4 Cir. 2020) (only a valid final judgment invokes appellate jurisdiction).
- La. Paving Co. v. St. Charles Par. Pub. Sch., 593 So.2d 892 (La. App. 5 Cir. 1992) (the judge who presided over the hearing must sign the judgment).
- Emp’rs Nat’l Ins. Co. v. Workers’ Comp. Second Injury Bd., 672 So.2d 309 (La. App. 1 Cir. 1996) (judgment signed by a non‑presiding judge is fatally defective absent statutory compliance).
- Thomas v. Proctor & Gamble, 848 So.2d 667 (La. App. 4 Cir. 2003) (successor judge must state on the record that signing is pursuant to La. R.S. 13:4209).
- Polozola v. Garlock, 376 So.2d 1009 (La. App. 1 Cir. 1979) (recognizing the requirement that successor judge’s compliance appear of record).
- State in Interest of I.K., 257 So.3d 694 (La. App. 1 Cir. 2018) (judgment signed by a judge who did not preside is not a final appealable judgment).