Collette v. Allen

210 So. 3d 373, 16 La.App. 3 Cir. 846, 2016 La. App. LEXIS 2400
CourtLouisiana Court of Appeal
DecidedDecember 28, 2016
Docket16-846
StatusPublished

This text of 210 So. 3d 373 (Collette v. Allen) 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
Collette v. Allen, 210 So. 3d 373, 16 La.App. 3 Cir. 846, 2016 La. App. LEXIS 2400 (La. Ct. App. 2016).

Opinion

AMY, Judge.

h The defendant-appellee, National Trust Insurance Company (National Trust), moves to dismiss the appeal of the co-defendants, State Farm Mutual Automobile Insurance Company (State Farm) and Danielle W. Allen (Allen), for having been taken by parties with no interest to prosecute this appeal. For the reasons below, we deny the motion.

The suit arises from an automobile collision involving a 2013 Freightliner driven by Dusty Collette (Collette), an employee of M & M and a plaintiff herein, and a vehicle driven by Allen, a defendant herein. M & M had leased the vehicle Collette was driving. The plaintiffs filed suit against Allen and her insurer, State Farm. Advancing the belief that their damages exceeded the policy limits of Allen’s State Farm policy, the plaintiffs added National Trust as a defendant in their First Amended Petition. The plaintiffs claimed that the vehicle Collette was driving was insured under M & M’s policy with National Trust and provided UM coverage to Collette.

National Trust filed a Motion for Summary Judgment, asserting that M <& M waived UM coverage; thus, National Trust did not provide UM coverage as alleged by the plaintiffs. The trial court found that there was no UM coverage and granted summary judgment in favor of National Trust, dismissing all claims asserted by the plaintiffs against National Trust. On July 6, 2016, the trial court signed a judgment in favor of National Trust, dismissing all claims of plaintiffs Dusty Collette and Ashley Collette, individually and in their capacities as tutors of the minor children, Carson Collette and Colin Collette. The district court’s clerk’s office sent notice of the signing of judgment on July 13, 2016.

On July 20, 2016, State Farm and Allen filed a motion and order for a devolutive appeal, which order was granted by the trial court on July 28, 2016. | following the lodging of the appeal by this court, National Trust filed a motion to dismiss the appeal and to suspend briefing pending the outcome of this motion. Briefing was thereafter suspended pending a ruling on the subject motion to dismiss.

[375]*375By that motion, National Trust refers to appellants Allen and State Farm collectively and asserts that “State Farm” has no privity with National Trust, is not entitled to indemnity or warranty from National Trust, and has not filed a cross-claim against National Trust. As such, National Trust maintains that State Farm has no interest in the judgment dismissing the plaintiffs’ claims against National Trust; thus, National Trust argues the appeal should be dismissed at State Farm’s cost.

In support of its argument, National Trust cites La.Code Civ.P. art. 2086, which provides that “[a] person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken.” National Trust maintains that with the posture of State Farm as insurer for the tortfeasor, intervention is not appropriate. National Trust adds that a third party may intervene and join with the plaintiff “in demanding the same or similar relief against the defendant[.]” La.Code Civ.P. art. 1091(1). National Trust urges, however, that State Farm has no claim for relief against National Trust.

Next, National Trust concedes that a co-defendant with no direct involvement in a case may appeal a judgment. However, the party, National Trust asserts, must show that it was aggrieved by the trial court’s judgment. See Piper v. Central Louisiana Elec. Co., 437 So.2d 997 (La.App. 3 Cir. 1983). National Trust further avers that a party does not have to show a pecuniary interest to be aggrieved by a judgment but must demonstrate its interest in the judgment or the | ¡¡effect of the judgment on the party. See Andrade v. Shiers, 516 So.2d 1192 (La.App. 2 Cir. 1987). Additionally, “an appellant may be said to have no interest in his appeal only when he cannot benefit by any reversal or change in the judgment from which he appeals.” Werhan v. Helis, 147 So.2d 260, 263 (La.App. 4 Cir. 1962), writ refused, 244 La. 667, 153 So.2d 882 (1963).

National Trust concludes that if the plaintiffs prove damages in excess of State Farm’s policy, a UM carrier would be required to pay up to its policy limits and would be subrogated to the plaintiffs’ claim against the insured. National Trust urges that State Farm would never be entitled to indemnity or warranty from a UM carrier. National Trust asserts that if required to pay under its policy, it is then subrogated to its insured’s rights against the tortfea-sor. As such, National Trust maintains that State Farm has no cognizable interest in Collette’s right to recover from National Trust, M & M’s putative UM carrier. Accordingly, National Trust seeks the dismissal of the appeal.

However, National Trust poses- the inquiry strictly from the point of State Farm alone. Yet, both State Farm and its insured, Allen, are parties in the underlying matter. Both have filed the motion for appeal.

Louisiana Code of Civil Procedure Article 2082 provides that an “[ajppeal is the exercise of the right of a party to have a judgment of a trial court revised, modified, set aside, or reversed by an appellate court.” The supreme court has explained that appeals are favored in the law arid “should not be dismissed unless the ground urged for dismissal is free from doubt[.]” Shell Pipeline Corp. v. Kennedy, 00-3207, p. 4 (La. 10/16/01), 799 So.2d 475, 478.

UFurther, and as referenced by State Farm and Allen, the supreme court in Emmons v. Agricultural Ins. Co., 245 La. 411, 158 So.2d 594, 599 (1963), explained:

A person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken. LSA-C.C.P., Article 2086. The sole ob[376]*376ject of an appeal is to give an aggrieved party to a suit recourse to a superior tribunal for the correction of a judgment of an inferior court, and such right is extended not only to the parties to the suit in which the judgment is rendered, but also to a third-party when such third party is allegedly aggrieved by the judgment. Reid v. Monticello, 215 La. 444, 40 So.2d 814 [(1949)]. Any one (sic) aggrieved by the judgment of a trial court has the right to appeal, unless he has acquiesced therein, or is otherwise deprived of that remedy. White v. White, 153 La. 313, 95 So. 791 [ (1923)]. A party to a suit is given an unqualified right to appeal from adverse final judgment and need not allege and show a direct pecuniary interest in order to be entitled to appeal. Krauss Company v. Develle, 235 La. 1013, 106 So.2d 452 [(1958).]

In Emmons, 245 La. 411, 158 So.2d 594, as "the result of injuries sustained in an automobile accident, the plaintiff filed suit against the defendant and its insurer as well as the plaintiffs liability insurer. The trial court rendered judgment in favor of the plaintiff and against the defendant and his insurer, in solido. It further rendered judgment in favor of the plaintiffs insurer and against, the plaintiff, dismissing the plaintiffs suit at his cost. The defendant and his insurer appealed the judgment, averring that they were aggrieved, in part, by the judgment in favor of the plaintiffs liability insurer and against the plaintiff while the plaintiff acquiesced. The plaintiffs liability insurer filed a motion to dismiss the appeal, and the motion was sustained.

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Bluebook (online)
210 So. 3d 373, 16 La.App. 3 Cir. 846, 2016 La. App. LEXIS 2400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collette-v-allen-lactapp-2016.