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Devance v. Tucker

Court of Appeals of Louisiana, First Circuit

May 31, 2019

ROBERT K. DEVANCE
v.
GEORGE R. TUCKER, TUCKER & ASSOCIATES, TUCKER LAW FIRM ETC.

          Appealed from the Twenty-first Judicial District Court In and for the Parish of Tangipahoa, Louisiana Docket Number 2016-0002769 Honorable Elizabeth P. Wolfe, Judge Presiding

          Robert K. DeVance Hammond, LA Plaintiff/Appellant, In Proper Person

          George R. Tucker Hammond, LA Counsel for Defendants/Appellees, George R. Tucker and George R. Tucker, APLC

          BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

          WHIPPLE, C.J.

         This is an appeal from a judgment of the Twenty-first Judicial District Court in Tangipahoa Parish, granting defendants' motion for summary judgment. For the following reasons, we dismiss the appeal.

         FACTS AND PROCEDURAL HISTORY

         On October 14, 2016, plaintiff, Robert K. DeVance, filed a petition for damages for alleged legal malpractice, naming as defendants George R. Tucker, Tucker & Associates, and Tucker Law Firm. After answering the petition, Tucker and George R. Tucker, APLC, moved for summary judgment, contending that plaintiff had not asserted any allegations of fault against them and, thus, that plaintiffs claims against them should be dismissed as a matter of law.

         Following a hearing on the motion, the district court signed a judgment on April 18, 2018, prepared by George R. Tucker, granting the motion for summary judgment as follows:

IT IS ORDERED, ADJUDGED, AND DECREED that Defendant's Motion for Summary Judgment and any and all documentation in support of the same is GRANTED. The Court also noted this is the final judgment in this matter.

Following the district court's denial of plaintiffs motion for new trial, plaintiff appealed the April 18, 2018 judgment.

         After the record was lodged in this matter, this court found ex proprio motu that, while indicating that the motion for summary judgment was granted, the judgment did not specify the relief sought in the motion for summary judgment. Thus, by order dated November 7, 2018, this court ordered the parties to show cause by briefs whether the appeal should or should not be dismissed.

         Plaintiff filed a brief in response to the show cause order, and this court thereafter issued an Interim Order on January 10, 2019, ordering that the case be remanded to the district court "for the limited purpose of allowing the court to sign a judgment correcting the deficiencies noted in this court's November 7, 2018 Rule to Show Cause Order." This court further ordered that the appellate record was to be supplemented with any such judgment on or before February 11, 2019.

         Thereafter, by letter dated March 20, 2019, the deputy clerk of district court informed this court as follows: "The judgment has not been corrected, it was given to [the district court judge] who appointed that George Tucker correct it, because it was his error. Tucker has not filed the corrected Judgment as of March 20, 2019." Thus, the record in this matter has not been supplemented with ...


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