ROBERT K. DEVANCE
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
K. DeVance Hammond, LA Plaintiff/Appellant, In Proper Person
R. Tucker Hammond, LA Counsel for Defendants/Appellees,
George R. Tucker and George R. Tucker, APLC
BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.
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.
AND PROCEDURAL HISTORY
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.
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
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.
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
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 ...