263 So. 3d 449
La. Ct. App.2019Background
- Post-bench trial, the trial court granted LSU's reconventional demand and awarded damages; an initial judgment was signed March 1, 2018.
- LSU moved for a partial new trial seeking additional damages and attorneys’ fees; after a hearing the trial court entered an "Amended Judgment" on May 22, 2018.
- The Amended Judgment awarded specified dollar amounts and $100,000 in attorneys’ fees but did not name which defendants were cast in judgment or address degree/solidarity of liability.
- Appellants (Schwarzenberger and CORA) appealed the May 22, 2018 Amended Judgment to this Court.
- This Court found the Amended Judgment lacked the required decretal language (party identified, party against whom judgment is ordered, specific relief as to each defendant and degree/solidarity), so it is not a valid final appealable judgment.
- The Court dismissed the appeal without prejudice, lifted a previously entered stay, and remanded for entry of a valid appealable judgment so a new appeal can be taken.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Amended Judgment is a final, appealable judgment | Amended Judgment is final because it awards damages and fees to LSU | Amended Judgment lacks required decretal specificity in naming parties and apportioning liability | Not final/appealable; lacks decretal language naming defendants and specifying degree/solidarity of liability |
| Whether appellate court has jurisdiction to decide merits | Appeal timely from Amended Judgment; court should address merits | Court lacks jurisdiction absent valid final judgment; convert to writ not warranted | Court lacks appellate jurisdiction and declines to convert to supervisory writ |
| Whether conversion to supervisory writ is appropriate | (implicit) conversion could preserve review | Conversion improper because filing not within writ deadline and circumstances don’t require immediate review | Declined to convert; conditions for conversion not met |
| Whether March 1, 2018 judgment supported the appeal | (implicit) earlier judgment and Amended Judgment together make appeal proper | March 1 judgment also lacks decretal language and appeal was not timely from it | March 1 judgment likewise not a valid appealable judgment; appeal from it untimely |
Key Cases Cited
- Moon v. City of New Orleans, 190 So.3d 422 (La. App. 4 Cir.) (appellate courts must determine jurisdiction sua sponte)
- Bd. of Supervisors of La. State Univ. v. Mid City Holdings, L.L.C., 151 So.3d 908 (La. App. 4 Cir.) (valid final judgment must contain decretal language)
- Urquhart v. Spencer, 204 So.3d 1074 (La. App. 4 Cir.) (decretal language must name parties and specify relief)
- Tsegaye v. City of New Orleans, 183 So.3d 705 (La. App. 4 Cir.) (absence of decretal language renders judgment nonappealable)
- Schiff v. Pollard, 222 So.3d 867 (La. App. 4 Cir.) (specific relief must appear on face of judgment)
- Forstall v. City of New Orleans, 238 So.3d 465 (La. App. 4 Cir.) (discretion to convert appeal to writ)
- Joseph v. Wasserman, 237 So.3d 14 (La. App. 4 Cir.) (conditions for converting appeal to writ)
- Mandina, Inc. v. O'Brien, 156 So.3d 99 (La. App. 4 Cir.) (conversion factors and timing)
- Freeman v. Zara's Food Store, Inc., 204 So.3d 691 (La. App. 4 Cir.) (failure to name defendant in multi-defendant case invalidates judgment)
- Jenkins v. Recovery Tech. Investors, 858 So.2d 598 (La. App. 1 Cir.) (judgment must identify defendant against whom it is rendered)
- Caillier v. Strictly Stars Touring, 195 So.3d 1237 (La. App. 3 Cir.) (judgment must state joint or solidary liability)