UNITED PROFESSIONALS COMPANY, ET AL.
RAMSEY F. SKIPPER; R.E.A.L. DEVELOPMENT, LLC; GO-GRAPHICS, LLC, GO-GRAPHICS OF NEW ORLEANS, LLC; AND GO-GRAPHICS OF SHREVEPORT, LLC
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
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
composed of Judges Robert M. Murphy, Stephen J. Windhorst,
and Hans J. Liljeberg
STEPHEN J. WINDHORST, JUDGE
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.
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.
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. On May 2, 2017, appellants also filed a
motion to appeal the February 16, 2017 judgment.
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