172 So. 790 | La. Ct. App. | 1937
The judgment appealed from in this case shows, on its very face, that it was rendered in open court on May 23, 1936, but that it was read and signed in chambers on May 30, 1936. (Italics ours.) There is nothing whatever in the record to indicate, nor is it suggested by any one, that there was any agreement between counsel representing the litigants, or the litigants themselves, under which the district judge was authorized to dispense with any of the legal formalities to be observed in rendering and signing a final judgment such as this one was.
Article 543 of the Code of Practice makes it mandatory on the part of the district judge to render, read, and sign alljudgments in open court. Under an amendment to that article by Act No.
Under the provisions of Act No.
After considering the matter from every point of view, we are forced to the conclusion that the judgment was not read and signed in conformity with the mandatory provisions of the law, and is therefore a nullity. Such nullity, appearing on the face of the record, can be declared on appeal. Green v. Frederick et al.,
Ordinarily, when a judgment is declared a nullity on appeal for lack of observance of the required formalities in rendering or signing the same, the case is remanded *792 to the lower court for the purpose of having the unfulfilled requirement of the law complied with. But here, as in the case of Green v. Fredericks ct al., supra, we have an unusual situation which necessitates further action. It happens that the Honorable Amos L. Ponder, Jr., who, as district judge, rendered the judgment appealed from, has since been elevated to the Supreme Court of the state and a new district judge has succeeded him in the district court. These are matters of which we take judicial cognizance. It is obvious that the district judge now presiding cannot be ordered merely to sign a judgment in a case not tried by or submitted to him. The law requires him to render judgment as well as sign the same and necessarily he has to hear the case or have the record submitted to him before he can do so. Following the course pursued by us in Green v. Frederick et al., supra, the case will be remanded for trial and resubmission, according to law.
It is therefore ordered, adjudged, and decreed that the judgment appealed from be and the same is hereby annulled, set aside, and reversed, and that this case be remanded to the district court to be further proceeded with according to law; appellee to pay the costs of appeal and all other costs to await final decision.