City of Baton Rouge, Parish of East Baton Rouge and The Department of Public Works v. Anthony W. Douglas and the Personnel Board of the City of Baton Rouge, Parish of East Baton Rouge

• Court: Louisiana Court of Appeal
• Decided: December 21, 2020
• Docket: 2019CA1699, 2019CA1700
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2019 CA 1699

CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE AND THE DEPARTMENT OF PUBLIC WORKS

VERSUS

ANTHONY W. DOUGLAS AND THE PERSONNEL BOARD OF THE CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE

Consolidated with

2019 CA 1700

ANTHONY W. DOUGLAS

CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE AND THE DEPARTMENT OF PUBLIC WORKS

Decision Rendered: DEC 2 12020

APPEALED FROM THE 19th JUDICIAL DISTRICT COURT EAST BATON ROUGE PARISH, LOUISIANA DOCKET NUMBERS 466, 636 & 576, 529

HONORABLE RICHARD - CHIP- MOORE, JUDGE

Anthony Douglas Pro Se Appellant Baton Rouge, Louisiana

Anderson ' Andy" Dotson Attorneys for Appellees, City of Parish Attorney Baton Rouge/ Parish of East Baton Gwendolyn K. Brown Rouge and the Department of Sr. Special Asst. Parish Attorney Public Works Candace B. Ford Asst. Parish Attorney Baton Rouge, Louisiana

BEFORE: McDONALD, HOLDRIDGE, and PENZATO, 33. McDONALD, J.

This is the seventh appeal' in this employment dispute between Anthony

Douglas, the appellant, and the City of Baton Rouge/ Parish of East Baton Rouge

Department of Public Works ( City -Parish), the appellee. We will not again repeat the

facts and procedural history here. For the following reasons, we dismiss the appeal.

SUBJECT MATTER JURISDICTION

Appellate courts have a duty to examine subject matter jurisdiction sua sponte,

even when the parties do not raise the issue. As an appellate court, we cannot

determine the merits of an appeal unless our jurisdiction is properly invoked by a valid

final judgment. La. C. C. P. arts. 1841 & 2083A; Aurora Loan Services LLC v. Glass, 17-

1760 ( La. App. 1 Cir. 12/ 6/ 18), 2018 WL 6381915 * 2. A valid judgment must be

precise, definite, and certain; must contain decretal language disposing of or dismissing

the claims in the case; and, must name the party in favor of whom the ruling is

ordered, the party against whom the ruling is ordered, and the relief that is granted or

denied. These determinations should be evident from the judgment's language without

reference to other documents in the record. Lehman v. Benasco, 19- 0779 ( La. App. 1

Cir. 2/ 26/ 20), 2020 WL 913508 * 2; Mizell v. Willis, 19- 0141 ( La. App. 1 Cir. 11/ 15/ 19),

290 So. 3d 247, 250.

The August 7, 2019 judgment from which Mr. Douglas appeals herein, inter alias

1) grants the City -Parish' s exception of res judicata and ( 2) denies Mr. Douglas' s

Apetition to annul judgment." But, the appealed judgment does not expressly dismiss

Mr. Douglas' s claims nor does it identify the specific judgment Mr. Douglas's petition

seeks to annul. Although Mr. Douglas' s petition states that he seeks to annul an April

30, 2007 judgment, the August 7, 2019 judgment from which he appeals, and which

1 The previous appeals are: City of Baton Rouge v. Douglas( Doug/as I),00- 1736 ( La. App. 1 Cir. 9/ 28/ 01), 800 So. 2d 448, writ denied, 01- 2806 ( La. 11/ 9/ 01), 801 So. 2d 1066, overruled by City of Baton Rouge v. Doug/as ( Doug/as 11), 04- 1448 ( La. App. 1 Cir. 12/ 29/ 05), 923 So. 2d 166 ( en banc), writ denied, 06- 0675 ( La. 6/ 2/ 06), 929 So. 2d 1254, enforcement denied, 06- 0675 ( La. 11/ 4/ 11), 75 So. 3d 912, writs denied, 11- 0328 ( La. 4/ 1/ 11), 60 So. 3d 1255, 06- 0675 ( La. 12/ 16/ 11), 76 So. 3d 1189; City of Baton Rouge v. Doug/as (Douglas III),07- 1153 ( La. App. 1 Cir. 2/ 8/ 08), 984 So. 2d 746, writ denied, 08- 0939 ( La. 6/ 20/ 08), 983 So. 2d 1284; City of Baton Rouge v. Douglas (Douglas IV), 11- 2061, 11- 2062 La. App. 1 Or 6/ 8/ 12), 2012 WL 2061419, writ denied, 12- 1575 ( La. 10/ 12/ 12), 98 So. 3d 875; City of Baton Rouge v. Douglas( Douglw V), 16- 0655 ( La. App. 1 Cir. 4/ 12/ 17), 218 So. 3d 158; and City of Baton Rouge v. Douglas (Douglas VI), 18-0247 ( La. App. 1 Cir. 9/ 21/ 18), 2018 WL 4520092. denies his petition, does not specify such; and, reference to other documents in the

record to determine such is not allowed. Mizell, 290 So. 3d at 250. Without an express

dismissal of Mr. Douglas' s claims, or a denial or dismissal of Mr. Douglas' s petition to

annul a specifically -identified judgment, we conclude the April 7, 2019 judgment is not

a valid, final appealable judgment, because it is not precise, definite, and certain. Thus,

this court lacks subject matter jurisdiction to review this matter, and we must dismiss

this appeal. See Lehman, 2020 WL 913508 at * 2.

CONCLUSION

For the above reasons, we dismiss Anthony Douglas' s appeal of the August 7,

2019 judgment and assess all appeal costs to him.

APPEAL DISMISSED.