Blackwell v. Blackwell

Louisiana Court of Appeal

Blackwell v. Blackwell

399 So. 2d 703, 1981 La. App. LEXIS 3997

CourtLouisiana Court of Appeal

DecidedMay 26, 1981

DocketNo. 14165

StatusPublished

Cited by2 cases

This text of 399 So. 2d 703 (Blackwell v. Blackwell) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackwell v. Blackwell, 399 So. 2d 703, 1981 La. App. LEXIS 3997 (La. Ct. App. 1981).

Pincite

Opinion

EDWARDS, Judge.

Dewey W. Blackwell appeals a trial court judgment awarding his wife, Shirley Woods Blackwell, a separation and disposing of several ancillary matters.

A review of the record indicates that trial was had and judgment was signed on July 9, 1980. Following a motion for new trial by Dr. Blackwell and a motion to reopen the case for a specific purpose by Mrs. Blackwell, the trial court granted a rehearing for additional testimony in all areas. Trial was had on September 5, 1980. At the conclusion of trial, the district judge gave oral reasons for judgment stating that he was amending the judgment of July 9 and for counsel to “(p)repare the judgment as so amended and I will sign it.”

No judgment was ever presented to the trial court for signing. Nevertheless, at the conclusion of trial on September 5, counsel for appellant was granted an order of appeal on oral motion in open court.

LSA-C.C.P. Art. 1911 provides:

“Except as otherwise provided by law, every final judgment shall be signed by the judge. For the purpose of an appeal as provided in Article 2083, no appeal may be taken from a final judgment until the requirement of this Article has been fulfilled.”

Because no final judgment has been signed, the appeal is premature and this court has no jurisdiction. Therefore the case is remanded to the district court for further proceedings according to law, assessment of costs to await final determination.

REMANDED.

Free access — add to your briefcase to read the full text and ask questions with AI

EDWARDS, Judge.

Dewey W. Blackwell appeals a trial court judgment awarding his wife, Shirley Woods Blackwell, a separation and disposing of several ancillary matters.

A review of the record indicates that trial was had and judgment was signed on July 9, 1980. Following a motion for new trial by Dr. Blackwell and a motion to reopen the case for a specific purpose by Mrs. Blackwell, the trial court granted a rehearing for additional testimony in all areas. Trial was had on September 5, 1980. At the conclusion of trial, the district judge gave oral reasons for judgment stating that he was amending the judgment of July 9 and for counsel to “(p)repare the judgment as so amended and I will sign it.”

No judgment was ever presented to the trial court for signing. Nevertheless, at the conclusion of trial on September 5, counsel for appellant was granted an order of appeal on oral motion in open court.

LSA-C.C.P. Art. 1911 provides:

“Except as otherwise provided by law, every final judgment shall be signed by the judge. For the purpose of an appeal as provided in Article 2083, no appeal may be taken from a final judgment until the requirement of this Article has been fulfilled.”

Because no final judgment has been signed, the appeal is premature and this court has no jurisdiction. Therefore the case is remanded to the district court for further proceedings according to law, assessment of costs to await final determination.

REMANDED.

Cite This Page — Counsel Stack

Bluebook (online)

399 So. 2d 703, 1981 La. App. LEXIS 3997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-blackwell-lactapp-1981.

Opinion

Related

Cite This Page — Counsel Stack