161 So. 3d 688
La. Ct. App.2014Background
- Victory Energy Operation, LLC appealed from a judgment denying its exceptions and sought suspensive appeal; the appellate court questioned whether the appeal was from a non-appealable judgment and considered converting the appeal to a supervisory writ.
- Victory conceded the appeal vehicle was improper but asked the court to convert the appeal into a supervisory writ of review.
- The trial court verbally denied Victory’s exceptions on Sept. 16, 2013, and reduced those rulings to writing in a Sept. 30, 2013 judgment.
- Notice of the Sept. 30 judgment was sent Oct. 15, 2013; Victory filed a motion for suspensive appeal on Oct. 29, 2013.
- The appellate court granted the suspensive appeal but later issued a rule to show cause why the appeal should not be dismissed as from a non-appealable judgment.
- The court held the motion for appeal was untimely for timely conversion to a supervisory writ and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Victory’s motion/follow-up filing was timely to convert to a supervisory writ. | Victory argues the motion for appeal can be construed as a notice of intent to seek supervisory writs. | The court requires a timely notice within 30 days of the ruling; the filing exceeded 30 days. | Untimely; cannot convert, appeal dismissed. |
Key Cases Cited
- Clement v. Am. Motorists Ins. Co., 735 So.2d 670 (La.App. 3 Cir. 1999) (timing for supervisory writ when ruling is verbal then reduced to writing)
- Williamson v. Dresser, Inc., 964 So.2d 444 (La.App. 3 Cir. 2007) (construing appeal motion as notice of intent to seek supervisory writs within thirty days)