MICHELENA A. ROSE, LINDA ROSE GALLAGHER, MELANIE K. ROSE
TWIN RIVER DEVELOPMENT, LLC, CSRS, INC., HILLTOP LOGGING CORP., MARTY DUE, RICHARD DEMINT, AND CHARLES BROWN
from the 21st Judicial District Court in and for the Parish
of Livingston, Louisiana Trial Court No. 115789 Honorable
Elizabeth P. Wolfe, Judge
RICHARD T. GALLAGHER, JR. METAIRIE, LAATTORNEY FOR
PLAINTIFFS-APPELLANTS THE ESTATE OF MICHELENA A. ROSE, LINDA
ROSE GALLAGHER AND MELANIE K. ROSE.
B. LOEB JACOB E. ROUSSEL BATON ROUGE, LA ATTORNEYS FOR
DEFENDANT-APPELLEE CSRS, INC.
ANTHONY S. MASKA HAMMOND, LA ATTORNEY FOR DEFENDANT-APPELLEE
BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
instant case, the trial court heard two motions for summary
judgment on September 19, 2016. Following the hearing, both
motions were granted by the trial court, each in favor of a
different defendant. However, only one judgment was signed on
that day. According to plaintiffs, they had no intention of
appealing the judgment signed on September 19, 2016, but they
did. Although the second judgment, signed on October 6, 2016,
was never appealed, it is the only judgment challenged by
plaintiffs in the appeal before us now. For the reasons that
follow, we dismiss this appeal.
AND PROCEDURAL HISTORY
underlying litigation arises from the clear-cutting of a
large swath of trees from land ("the Rose
property") plaintiffs, the Estate of Michelena A. Rose,
Linda Rose Gallagher, and Melanie K. Rose, claim to
Particularly, the disputed land consists of approximately 6.6
acres along the Tickfaw River in Livingston Parish.
2006, Twin Rivers Development, LLC ("Twin Rivers")
bought a tract adjoining the Rose property. Marty Due owned
Twin Rivers, and Richard Demint was the company's
manager. Prior to Twin Rivers' purchase of the adjoining
property, Twin Rivers hired CSRS, Inc. and Stephen Estopinal
to survey the property.
2006, Michael Gallagher, Linda's son, hired a surveyor,
Larry Lessard, to survey the property lines in connection
with possible reclamation of riverfront property that had
eroded. Lessard's employees determined that survey stakes
had been placed diagonally over the Rose property,
incorrectly setting the boundary line between the tracts and
diminishing the Rose tract. After checking the public
conveyance records, Lessard notified CSRS and its surveyor
that they had placed the property line incorrectly over part
of the Rose property. However, the allegedly encroaching
stakes were never removed.
Rivers subsequently hired Hilltop Logging Corp. to clear cut
trees up to the CSRS survey markers. As a result, Hilltop
Logging cut approximately 6.6 acres of old growth riverfront
timber from property allegedly belonging to plaintiffs.
2007, plaintiffs filed a petition for damages and trespass.
Among the named defendants were Richard Demint and CSRS. In
July 2016, Demint and CSRS filed separate motions for summary
judgment. Demint alleged that he had no ownership interest in
Twin Rivers and that he had no involvement in cutting the
trees on the disputed land. CSRS alleged that it should be
dismissed from the litigation because there was no evidence
that CSRS violated the applicable duty of care for surveyors.
motions for summary judgment came on for hearing on September
19, 2016. The hearing transcript shows that plaintiffs did
not contest the grant of summary judgment in Demint's
favor. A prepared judgment granting the motion for summary
judgment, without decretal language, was submitted and ...