Plaintiff Lee Martin appeals the trial court’s grant of a Motion for Summary Judgment in favor of defendant, Deer-brook Insurance Company, finding a valid U/M waiver. We dismiss this appeal as untimely.
The judgment appealed was granted on September 28, 2001, with notice of signing of judgment on October 1, 2001. Plaintiff did not file his notice of appeal until December 14, 2001, which time period is greater than seven days (delay for applying for a new trial of LSA-C.C.P. art. 1974) plus 60 days from the date of the judgment for a devolutive appeal, as per LSA-C.C.P. art.2087. An appellate court may, on its own motion, recognize its lack of authority to entertain an untimely appeal and dismiss it. State Farm Mut. Auto. Ins. Co. ex rel. Robinson v. Jimenez,
This Summary Judgment granted on September 28, 2001 was a final judgment by operation of law. Plaintiffs only claim against Deerbrook was for UM coverage. _J^Deerbrook was the only remaining defendant, and the judgment by its specific written terms dismissed Martin’s claims against Deerbrook with prejudice. This judgment was not a partial judgment under LSA-C.C.P. art.1915, and thus this article does not apply. The judgment dismissed the plaintiffs claims in total against the only remaining defendant. The Motion to Certify was unnecessary, and did not operate to suspend appeal delays.
LSA-C.C.P. art. 2161’s provision that an appeal should not be dismissed because of any irregularity, error, or defect unless it is imputable to the appellant does not include the failure to bring the appeal within the requisite period. State ex rel. A.S.K.,
APPEAL DISMISSED.
