FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-07796,
DIVISION "J" HONORABLE Cherrell Sims Taplin, PRO
Matthew A. Sherman Preston L. Hayes CHEHARDY SHERMAN WILLIAMS
MURRAY RECILE STAKELUM & HAYES, L.L.P. COUNSEL FOR
Camille Comeaux Carroll Devillier, Jr. Danielle L. Borel
BREAZEALE, SACHSE & WILSON, LLP COUNSEL FOR
composed of Judge Roland L. Belsome, Judge Sandra Cabrina
Jenkins, Judge Regina Bartholomew-Woods.
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.
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.
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 ...