190 So. 3d 352
La. Ct. App.2016Background
- Peterson Yokum and Polly Anderson own/reside at 723 Toulouse St. in the French Quarter (VCC-2 zoning). Pat O’Brien’s (two business entities) operate nearby bars.
- Plaintiffs sued Pat O’Brien’s Bar, Inc. (and later sought to add Pat O’s Inc.) alleging violations of the New Orleans Noise Ordinance and state alcohol statutes, seeking damages, injunctive relief, and declaratory relief.
- In 2011 a preliminary injunction issued enjoining defendants from violating the applicable City noise ordinances; this Court previously affirmed issuance of that injunction.
- In Feb. 2015 plaintiffs moved to amend the preliminary injunction to add the City’s 2012 outdoor loudspeaker prohibition and to add Pat O’s Inc.; they later supplemented the motion with additional evidence.
- The trial court heard argument on June 26, 2015 and orally denied the motion; a written judgment was entered July 13, 2015. Plaintiffs appealed; the appellate court dismissed the appeal without prejudice for lack of appellate jurisdiction because the challenged judgment lacked required decretal language to be a final, appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court should amend the preliminary injunction to include the 2012 outdoor loudspeaker ban and add Pat O’s Inc. | Amendment necessary to enjoin newly enacted noise prohibition and additional defendant | Amendment not warranted (procedural/evidentiary and/or unnecessary while suit pending) | Trial court orally denied the motion to amend; not decided on merits by appellate court here |
| Whether the denial/decision is appealable | Appeal as of right from order relating to preliminary injunction | Order must contain decretal language to be a final, appealable judgment | Appeal dismissed without prejudice for lack of decretal language; appellate court lacked jurisdiction |
Key Cases Cited
- Smith v. Brumfield, 133 So.3d 70 (La. App. 4th Cir.) (appeal as of right available for orders relating to preliminary injunctions)
- Elysian Fields Church of Christ v. Dillon, 7 So.3d 1227 (La. App. 4th Cir.) (appealability of injunction-related orders)
- Palumbo v. Shapiro, 81 So.3d 923 (La. App. 4th Cir.) (requirement that final appealable judgment contain decretal language identifying parties and relief)
- Input/Output Marine Sys., Inc. v. Wilson Greatbatch Tech., Inc., 52 So.3d 909 (La. App. 5th Cir.) (declaratory requirement for appealable judgment)
- Delta Staff Leasing, LLC v. South Coast Solar, LLC, 176 So.3d 668 (La. App. 4th Cir.) (judgment requirements for appealability)
- Yokum v. Pat O’Brien’s Bar, Inc., 99 So.3d 74 (La. App. 4th Cir.) (prior appellate decision affirming preliminary injunction)