Appealed from the Twenty-Second Judicial District Court In
and for the Parish of St. Tammany State of Louisiana Docket
Number 2016-15427 Honorable William H. Burris, Judge
Charles M. Thomas Steven M. Huber Ashley L.F. Barriere New
Orleans, LA Counsel for Plaintiff/Appellant, Deano Marrero
K. Abels Rhonda S. Smith Blake F. Harris Denham Springs, LA
Counsel for Defendant/Appellee, National Union Fire Insurance
Company of Pittsburg, PA
BEFORE: WHIPPLE, C.J., GUIDRY, AND CRAIN, JJ.
case is before us on appeal by plaintiff, Deano Marrero, from
a judgment of the district court granting a motion for
summary judgment filed by National Union Fire Insurance
Company of Pittsburg, PA., one of the defendants herein. For
the reasons that follow, we dismiss the appeal and remand
this matter to the district court.
AND PROCEDURAL HISTORY
December 19, 2016, plaintiff, Deano Marrero, filed suit,
naming as defendants: I. Manheim Auctions, Inc., Greater New
Orleans Auto Auction, Inc., and National Union Insurance
Company of Pittsburg, PA ("National Union"). In the
petition, plaintiff sought damages for injuries allegedly
resulting from a fall at the Greater New Orleans Auto
Auction, Inc./Manheim facility in Slidell, Louisiana.
answering the petition, National Union filed a motion for
summary judgment, seeking dismissal of plaintiffs claims
pursuant to LSA-C.C.P. art. 2317.1. Following a hearing, the
district court granted the motion for summary judgment. On
December 12, 2018, the district court signed a judgment
containing the following language:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion
for Summary Judgment filed on behalf of defendant, NATIONAL
UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA, is granted,
and plaintiffs claims are dismissed, with prejudice, and at
then filed the instant appeal.
the record was lodged in this court, we issued a rule, ex
proprio motu, ordering the parties to show cause by
briefs why the instant appeal should not be dismissed as
having been taken from a non-fmal judgment, Le., a judgment
not final for purposes of immediate appeal. Specifically, the
December 12, 2018 judgment at issue on appeal grants National
Union's motion for summary judgment, but does not dismiss
any party, and further dismisses "plaintiffs
claims," but does not indicate against which defendant.
Thus, on its face, the judgment is defective in that it is
not clear whether the judgment dismisses plaintiff's
claims against any or all three defendants.
appellate court, we have the duty to examine our subject
matter jurisdiction and to determine sua sponte
whether such subject matter jurisdiction exists, even when
the issue is not raised by the litigants, see Advanced
Leveling & Concrete Solutions v. Lathan Company,
Inc., 2017-1250 (La.App. 1st Cir. 12/20/18),
268 So.3d 1044, 1046 (en banc), as this court's
appellate jurisdiction extends only to "final
judgments." See LSA-C.C.P. ...