Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Automotive Experts, LLC v. Joe Johnson, Inc.

Court of Appeals of Louisiana, Fourth Circuit

December 13, 2017

AUTOMOTIVE EXPERTS, LLC
v.
JOE JOHNSON, INC. D/B/A JOE JOHNSON CHEVROLET

         APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-07796, DIVISION "J" HONORABLE Cherrell Sims Taplin, PRO TEMPORE

          Matthew A. Sherman Preston L. Hayes CHEHARDY SHERMAN WILLIAMS MURRAY RECILE STAKELUM & HAYES, L.L.P. COUNSEL FOR PLAINTIFF/APPELLEE.

          Jeanne Camille Comeaux Carroll Devillier, Jr. Danielle L. Borel BREAZEALE, SACHSE & WILSON, LLP COUNSEL FOR DEFENDANT/APPELLANT.

          Court composed of Judge Roland L. Belsome, Judge Sandra Cabrina Jenkins, Judge Regina Bartholomew-Woods.

          Regina Bartholomew-Woods Judge.

         This case comes before this Court on appeal of the district court's April 20, 2017 judgment granting plaintiff, Automotive Expert, LLC's, motion for partial summary judgment on the issue of breach of contract. On August 18, 2017, Plaintiff filed a "Motion to Dismiss appeal for Lack of Jurisdiction." Defendant filed an opposition thereto on August 28, 2017.

         Plaintiff's motion to dismiss argues that the judgment in question is not a final judgment because it was not designated a final, immediately appealable judgment as required by La.C.C.P. art. 1915(B)(1). Defendant argues the judgment is indeed final pursuant to La.C.C.P. art. 1915(A)(5), as the issue of liability has been decided and only questions regarding damages remain. Alternatively, Defendant suggests this Court has discretion to certify the judgment as final or appealable, or to convert the appeal into a writ application.

         The relevant provision, La.C.C.P. art. 1915 provides, in pertinent part, as follows:

A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court:
* * *
(3) Grants a motion for summary judgment, as provided by Articles 966 through 969, but not including a summary judgment granted pursuant to Article 966(E).
* * *
(5) Signs a judgment on the issue of liability when that issue has been tried separately by the court, or when, in a jury trial, the issue of liability has been tried before a jury and the issue of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.