Bourgeois v. Kost

846 So. 2d 692, 2003 WL 21152851
Supreme Court of Louisiana·Decided May 20, 2003·No. 2002-C-2785·Published·Cited by 63 cases

Opinion

846 So.2d 692 (2003)

Joy Michelle BOURGEOIS, Individually and on Behalf of Her Minor Son, Mickey G. Bourgeois, Jr., and Mickey G. Bourgeois, Sr.
v.
Mark KOST and Allstate Insurance Company.

No. 2002-C-2785.

Supreme Court of Louisiana.

May 20, 2003.

Scott Allan Kryder, River Ridge, for Applicant.

Raymond S. Steib, Jr., Gretna, for Respondent.

KIMBALL, Justice.

We granted certiorari in this case to determine whether the trial court had authority to vacate a judgment it issued allegedly in error and to issue a new judgment to reflect the trial court's true intent. Additionally, we granted certiorari to consider whether the court of appeal was correct in the application of this court's analysis in the case of State v. Williams 01-554 (La.5/14/02), 817 So.2d 40, to determine that the trial court had authority to replace its original judgment with a second judgment. For the following reasons, we conclude that the analysis employed in State v. Williams does not apply in this case and thus, the trial court lacked authority to vacate its final judgment. In *693 addition, we find that because the original judgment was a valid final judgment, the trial court's subsequent amendment of the judgment alleged to contain the court's intended disposition is an absolute nullity. Accordingly, we reverse the trial court's order vacating its original judgment, set aside the amended judgment, and reinstate the original judgment signed by the trial judge as the trial court's final judgment.

FACTS AND PROCEDURAL HISTORY

This matter involves a personal injury suit arising out of an automobile accident. A trial on the merits took place in October 2001. At the conclusion of the trial, the judge advised counsel for both parties to submit a proposed judgment with their post-trial memoranda. Plaintiffs filed a post-trial memorandum on October 31, 2001 and defendants filed a post-trial memorandum on November 2, 2001. On November 6, 2001, the trial court signed a document entitled "Defendants' Proposed Final Judgment," that dismissed the plaintiffs' claims. The clerk of court issued notice of judgment to both parties on November 29, 2001.

On January 15, 2002, the court signed a second judgment, in which it ruled in favor of plaintiffs and awarded them damages in the amount of $34,073.19. That judgment was accompanied by written Reasons for Judgment. Then, on January 18, 2002, the court issued an order stating it had inadvertently signed defendants' proposed judgment. Accordingly, the order vacated the judgment of November 6, 2001 [`original judgment'] and replaced it with the judgment signed on January 15, 2002 [`amended judgment']. The trial court further stated:

This matter came to trial on October 24, 2001 and was taken under advisement. Counsel for plaintiffs and defendants were directed to submit post-trial memorandums, along with a proposed judgment in support of their respective positions.
On November 6, 2001, this Court inadvertently and erroneously signed a proposed judgment dismissing all claims against the defendants. That proposed judgment signed on November 6, 2001 is hereby vacated, and the Court's final judgment and reasons are hereby attached and made a part of the record.

Defendants filed a motion for appeal from the judgment of January 15, 2002. On appeal, defendants contended the trial court erred when it issued the judgments of January 15, 2002 (amended judgment) and January 18, 2002 (order vacating the original judgment and replacing it with the amended judgment), because they substantively changed the judgment of November 6, 2001. Defendants further contended that the trial court had no authority to issue, on its own motion, an order vacating a judgment that had been signed over two months earlier and replace it with another judgment. Defendants asserted that an initial judgment that has not been contested either by motion for new trial or for appeal must be the valid final judgment of the court.

The plaintiffs, however, argued that a proposed judgment signed in error is not a valid final judgment of the court. Plaintiffs alleged that the defendants' proposed judgment confused the court because it was stamped by the court clerk with the "costs paid" stamp, indicating that all costs incurred in the matter had been paid. Furthermore, the proposed judgment with the "costs paid" stamp was forwarded to the judge separately, detached from the memorandum to which the proposed judgment should have been attached. Plaintiffs contended that the defendants' proposed final judgment signed by the trial court was a relative nullity because defendants' *694 submission of their proposed final judgment to the trial judge bearing a "costs paid" stamp was an improper practice or procedure that mislead the court and operated to deprive plaintiffs of their right to have their case decided by the court and not by the inadvertent signing of a proposed judgment submitted by defendant. Plaintiffs asserted a district court may set aside and vacate any order when the circumstances under which it was rendered show deprivation of legal rights of any of the litigants. Plaintiffs also assert that the court has the right to correct its own ministerial error so that the record will reflect that which had been intended.

Plaintiffs admitted receiving a copy of the November 6, 2001 judgment. At oral argument before the court of appeal, plaintiffs' counsel explained that he did not file a motion for new trial because he thought the November 6, 2001 judgment was the court's ruling and a motion for new trial would have been fruitless. Plaintiffs' counsel noted that the plaintiffs had until February 8, 2002 to appeal and stated that an appeal was being contemplated. The plaintiffs maintained that after the court issued the January 15, 2002 judgment and reasons for judgment, it was called to the court's attention that a proposed judgment had been signed. In the January 18, 2002 ruling, on its own motion, the trial court set aside the November 6, 2001 judgment and replaced it with the January 15, 2002 judgment.

The court of appeal affirmed the January 15 and 18, 2002 judgments of the trial court. Finding that the November 6, 2001 judgment did not express the intention of the court and was signed inadvertently and in error, the court of appeal concluded that the reasoning of State v. Williams, 01-554 (La.5/14/02), 817 So.2d 40, applied. In Williams, the trial court inadvertently signed a motion for new trial that was later discovered when the appellate court found the signed order in the record on appeal. The trial court subsequently issued an order stating the motion for new trial was filed in error and denying the motion. This Court held that "a trial judge can correct an obvious ministerial error in order to have the record accurately reflect the proceedings in the district court." 01-554 at p. 12, 817 So.2d at 47-8.

The defendants sought review in this Court asserting that the court of appeal erred in applying the Williams case to the facts of this case and by ignoring a long line of jurisprudence that clearly holds that substantive changes to a judgment would not be proper in this case. We granted certiorari to review the correctness of these rulings. Bourgeois v. Kost, 2002-2785 (La.1/31/03), 836 So.2d 74.

DISCUSSION

A judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled. It may be interlocutory or final. La. C.C.P. art. 1841. A judgment that determines the merits in whole or in part is a final judgment. Id.

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