Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary

Louisiana Court of Appeal

Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary

DecidedJanuary 18, 2024

Docket2023CW1159

StatusUnknown

This text of Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary (Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary) 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.

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Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary, (La. Ct. App. 2024).

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Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DALE MILLER NO. 2023 CW 1159

VERSUS

COL. NICK SANDERS; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND JANUARY 18, 2024 CORRECTIONS, LOUISIANA STATE PENITENTIARY

In Re: Dale Miller, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23832.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT DENIED. Once a judgment containing proper decretal language is rendered, the ruling dismissing plaintiff's action will constitute a final and appealable judgment. In order for a judgment to be a final and appealable one, it must be precise, definite, and certain. It must also contain decretal language, and it 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 expressly granted or denied without reference to other documents in the record. Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 2017-1250 ( La. App. 1st Cir. 12/20/18), 268 So.3d 1044, 1046 ( en bane). Once a judgment with appropriate decretal language is issued by the district court, it will represent a final, appealable judgment, and the plaintiff, Dale Miller, will be entitled to file a motion for an appeal therefrom in accordance with applicable law.

JMG WRC WIL

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DALE MILLER NO. 2023 CW 1159

VERSUS

COL. NICK SANDERS; AND STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND JANUARY 18, 2024 CORRECTIONS, LOUISIANA STATE PENITENTIARY

In Re: Dale Miller, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23832.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT DENIED. Once a judgment containing proper decretal language is rendered, the ruling dismissing plaintiff's action will constitute a final and appealable judgment. In order for a judgment to be a final and appealable one, it must be precise, definite, and certain. It must also contain decretal language, and it 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 expressly granted or denied without reference to other documents in the record. Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 2017-1250 ( La. App. 1st Cir. 12/20/18), 268 So.3d 1044, 1046 ( en bane). Once a judgment with appropriate decretal language is issued by the district court, it will represent a final, appealable judgment, and the plaintiff, Dale Miller, will be entitled to file a motion for an appeal therefrom in accordance with applicable law.

JMG WRC WIL

DEPUTY CLERK OF COURT FOR THE COURT

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Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dale-miller-v-col-nick-sanders-and-state-of-louisiana-through-louisiana-lactapp-2024.