Sullivan v. Malta Park, 215 So. 3d 705

Background

Appellant Judith A. Sullivan appealed a trial court judgment denying her Motion for Sanctions, Motion to Strike, and Rule for Contempt; appellees include F. Evans Schmidt, Koch & Schmidt, LLC, and respondents-appellees Marta-Ann Schnabel and Caitlin Morgenstern.
Trial court orally denied the motions on May 13, 2016 and entered a written judgment on May 27, 2016; the written judgment was not designated as a final judgment nor contained an express determination there is no just reason for delay under La. C.C.P. art. 1915(B)(1).
Appellees moved to dismiss the appeal on two grounds: lack of appellate jurisdiction because the judgment is interlocutory, and that the appeal is frivolous.
The appellate court concluded the rulings denying sanctions, contempt, and striking an affidavit are interlocutory because they do not determine the merits of the case.
The proper procedural vehicle for review of interlocutory judgments is an application for supervisory writs, which must be filed within thirty days of rendition; Sullivan filed her appeal after that thirty-day window.
The court dismissed the appeal for lack of jurisdiction and declined to convert the untimely appeal into a supervisory-writ application; it also declined to award damages for a frivolous appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court judgment denying motions is a final, appealable judgment	Sullivan treated the May rulings as appealable and filed a motion for appeal	Appellees argued the rulings were interlocutory and not appealable	Judgment is interlocutory; appeal dismissed for lack of jurisdiction
Whether a partial judgment was properly designated final under La. C.C.P. art. 1915(B)	Sullivan relied on the trial court order stating the judgment is final	Appellees pointed out the trial court did not make the required express determination there is no just reason for delay	Trial court did not satisfy Article 1915(B)(1); designation insufficient
Whether the appellate court should convert the untimely appeal to a supervisory-writ application	Sullivan implicitly sought review despite missing writ deadline	Appellees urged dismissal and no conversion	Court declined to convert because appeal was filed after the 30-day writ deadline
Whether the appeal is frivolous and warrants damages under La. C.C.P. art. 2164	Sullivan advanced arguments she sincerely believed	Appellees sought sanctions and attorney’s fees for frivolous appeal	Court found appeal questionable but not frivolous; declined to award damages

Key Cases Cited

Brennan v. Shell Offshore, Inc., 635 So.2d 429 (La. 1994) (distinguishes final and interlocutory judgments)
Favrot v. Favrot, 68 So.3d 1099 (La. App. 4 Cir. 2011) (defines final judgment and Article 1915 limitations)
Armelise Planting Co. v. Liberty Oil & Gas Corp., 938 So.2d 178 (La. App. 1 Cir. 2006) (denial of sanctions is interlocutory)
Brown v. Sanders, 960 So.2d 931 (La. App. 1 Cir. 2007) (denial of sanctions does not determine merits)
Robinson v. Harlan, 79 So.3d 1034 (La. App. 1 Cir. 2011) (denial of contempt is interlocutory and not appealable merely by labeling final)
Madison v. Inter-Cont’l Hotels Corp., 173 So.3d 1246 (La. App. 4 Cir. 2015) (motion to strike affidavit is interlocutory)
Llopis v. State, 206 So.3d 1066 (La. App. 4 Cir. 2016) (proper vehicle for reviewing interlocutory judgments is supervisory writ)
McGinn v. Crescent City Connection Bridge Auth., 174 So.3d 145 (La. App. 4 Cir. 2015) (dismissing appeal for lack of subject-matter jurisdiction)
Hunter v. Maximum Grp. Behavioral Servs., Inc., 61 So.3d 735 (La. App. 4 Cir. 2011) (standards for awarding damages for frivolous appeal)
Johnson v. Johnson, 986 So.2d 797 (La. App. 4 Cir. 2008) (appeals favored; damages for frivolous appeals disfavored)
Harper v. Eschenazi, 892 So.2d 671 (La. App. 5 Cir. 2004) (appellate court may consider sanctions after dismissal)
Cannatella v. Cougle, 119 So.3d 94 (La. App. 5 Cir. 2013) (declining to award sanctions after dismissing appeal)
Voiron v. Voiron, 897 So.2d 697 (La. App. 1 Cir. 2004) (awarding sanctions for frivolous appeal after dismissal)
Capital-Union Sav., F.A. v. Williams, 528 So.2d 187 (La. App. 1 Cir. 1988) (imposing sanctions for frivolous appeal)