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United Professionals Co. v. Skipper

Court of Appeals of Louisiana, Fifth Circuit

September 15, 2017

UNITED PROFESSIONALS COMPANY, ET AL.
v.
RAMSEY F. SKIPPER; R.E.A.L. DEVELOPMENT, LLC; GO-GRAPHICS, LLC, GO-GRAPHICS OF NEW ORLEANS, LLC; AND GO-GRAPHICS OF SHREVEPORT, LLC

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 760-538, DIVISION "A" HONORABLE RAYMOND S. STEIB, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, UNITED PROFESSIONALS COMPANY, LLC, SISUNG CAPITAL, LLC, AND LAWRENCE J. SISUNG, JR. William Peter Connick, Bryan C. Reuter, Elizabeth S. Horn

          Panel composed of Judges Robert M. Murphy, Stephen J. Windhorst, and Hans J. Liljeberg

         APPEAL DISMISSED; REMANDED

         SJW

         RMM

         HJL

          STEPHEN J. WINDHORST, JUDGE

         Appellants, United Professionals Company, LLC (UPC), Sisung Capital, LLC (Sisung Capital), and Lawrence J. Sisung, Jr. (Sisung), appeal the trial court's February 16, 2017 judgment denying their exceptions of no right of action and no cause of action as to defendant Go-Graphics of New Orleans' (GG New Orleans) reconventional demand, and further denying in part and granting in part, an exception of no right of action to relators' claims in the petition in favor of defendants, Ramsey F. Skipper (Skipper), Go-Graphics, L.L.C. (GG), R.E.A.L. Development, LLC (REAL), Go-Graphics of New Orleans (GG New Orleans), and Go-Graphics of Shreveport, LLC (GG Shreveport) (collectively Skipper defendants) For the reasons that follow, we find this Court lacks appellate jurisdiction because this is not a final, appealable judgment. We dismiss this appeal without prejudice, and remand the matter to the trial court for further proceedings.

         Facts

         On May 4, 2016, appellants filed a petition for dissolution, judgment on debts, damages, and declaratory relief against the Skipper defendants alleging the improper use of the assets of multiple limited liability companies by the indirect fifty-percent owner, Skipper. On June 16, 2016, the Skipper defendants filed an exception of no right of action, answer, and reconventional demand. In response to the reconventional demand, appellants filed exceptions of no right of action and no cause of action. On February 16, 2017, the trial court denied appellants' exceptions and denied in part and granted in part the Skipper defendants' exception of no right of action.

         On March 22, 2017, appellants filed a notice of intent to apply for supervisory writs from the February 16, 2017 judgment. Appellants filed their writ application with this Court on March 23, 2017.[1] On May 2, 2017, appellants also filed a motion to appeal the February 16, 2017 judgment.

         Discussion

         The denial of an exception by the trial court is not appealable. La. C.C.P. art. 1915. The February 16, 2017 judgment denying the exceptions filed by appellants and the Skipper defendants is an interlocutory judgment not subject to this Court's jurisdiction. However, interlocutory judgments are reviewable on appeal when a final judgment has been rendered. Trust for Melba Margaret Schwegmann v. Schwegmann Family Trust, 09-0968 (La.App. 5 Cir. 09/14/10), 51 So.3d 737, 742, writ denied, 07-1094 (La. 09/21/07), 964 So.2d 1033. Here, the judgment on appeal also granted in part an ...


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