Denton v. STATE FARM MUT. AUTO. INS. CO.

998 So. 2d 48, 2008 La. LEXIS 2773, 2008 WL 5194451
CourtSupreme Court of Louisiana
DecidedDecember 12, 2008
Docket2008-C-0483
StatusPublished
Cited by15 cases

This text of 998 So. 2d 48 (Denton v. STATE FARM MUT. AUTO. INS. CO.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denton v. STATE FARM MUT. AUTO. INS. CO., 998 So. 2d 48, 2008 La. LEXIS 2773, 2008 WL 5194451 (La. 2008).

Opinion

998 So.2d 48 (2008)

Thomas DENTON
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

No. 2008-C-0483.

Supreme Court of Louisiana.

December 12, 2008.

*49 Lobman, Carnahan, Batt, Angelle & Nader, Burt Krey Carnahan, Pamela Kaye Richard, New Orleans, for applicant.

Maughan, Maughan & Lormand, James L. Maughan, Baton Rouge, Unglesby & Marionneaux, Lewis Owens Unglesby, Robert Mark Marionneaux, Jr., Baton Rouge, John Paul Calmes, Jr., Baton Rouge, Shows, Cali, Berthelot & Walsh, Edmond Wade Shows, Ronnie Jude Berthelot, Baton Rouge, Louisiana Division of Administration, Carlos Alberto Romanach, Harry Lawrence Shoemaker, III, for respondent.

KNOLL, J.

We granted this writ to determine whether the trial court may consider the plaintiff's "Motion to Introduce Additional Evidence and To Fix Interest," filed sixtyfour days after a final judgment was signed memorializing a jury verdict. After reviewing the record and the applicable law, for the following reasons we reverse the judgment of the appellate court and find the plaintiff's post-trial motion was untimely.

FACTS AND PROCEDURAL HISTORY

Asserting a personal injury claim from injuries he sustained on November 3, 1995, in an automobile accident plaintiff, Thomas Denton (Denton), filed suit on January 12, 1995, against Pamela Vidrine (Vidrine), the driver of the other automobile involved in the accident, the Louisiana Department of Transportation and Development (DOTD), and State Farm Automobile Insurance Company (State Farm), Denton's uninsured motorist carrier. After a five-day trial on the merits that ended on October 22, 2004, a jury found in favor of Denton *50 and rendered a judgment totaling $5,285,908.00, and assessed 44% fault to Vidrine, 52% fault to DOTD, and 4% to Denton. On November 3, 2004, the trial court signed a final judgment in accordance with the jury's verdict ordering, inter alia, that "State Farm Automobile Insurance Company as the uninsured/underinsured motorist carrier of the Thomas R. Denton Vehicle owes its policy limit of $50,000.00 plus court costs and interest from the date of judicial demand until paid."

Prior to entry of the final judgment, but after the jury verdict, Denton disagreed with State Farm about the amount of interest State Farm owed. Denton claimed entitlement of interest on the entire amount of the judgment; State Farm claimed that pursuant to the State Farm policy introduced into evidence as "Joint Exhibit 3" and stipulated to by the parties,[1] interest was only owed on the policy limits. Pursuant to the provisions of the policy introduced into evidence, on November 10, 2004, State Farm tendered the $50,000 cast against it in judgment, together with interest in the sum of $31,797.87.

On January 6, 2005, Denton filed the post-trial motion at issue herein, captioned "Motion to Introduce Additional Evidence and To Fix Interest." Denton's premise for his motion was twofold: (1) the policy jointly introduced into evidence, and in force at the time of the accident, contained changes and amendments to the policy originally issued to him in 1983; and, (2) State Farm never notified him of these changes. He alleged that State Farm failed to notify him of a change in the interest provisions of its policy; therefore, he contended, relying upon this Court's holding in Martin v. Champion Insurance Company, 95-0030 (La.6/30/95), 656 So.2d 991 (finding that a supplemental payment provision in an insurance policy which provides that the insurer will pay interest on the entire judgment to the benefit of the insured must be included within the ambit of the UM coverage, unless there is a valid written rejection or selection of lower limits), he was entitled to interest on the entire judgment rather than interest only on the policy limits. As part of Denton's motion, he sought to introduce his original 1983 policy as additional evidence to aid the trial court in determining the extent of State Farm's liability for interest. In support of his motion, Denton relied upon La.Code Civ. Proc. arts. 1631 and 1632. In pertinent part, Article 1631 establishes the trial court's authority to control the trial proceedings "so that justice is done"; article 1632 sets out the normal order of trial and provides that the order "may be varied by the court when circumstances so justify."

State Farm opposed Denton's motion on two grounds. First, it argued that Denton's motion, filed on January 6, 2005, was tantamount to a motion for a new trial and was untimely under La.Code Civ. Proc. art.1974 which required that such a motion should have been filed within seven days of *51 November 4, 2004, the date of the clerk's notice of signing of judgment. Second, based upon La.Code Civ. Proc. art.2088, State Farm argued the trial court was divested of jurisdiction as a result of DOTD's filing of an appeal.[2]

After hearing oral argument, the trial court denied Denton's motion and adopted State Farm's reasoning as the basis for its ruling. Denton then appealed this ruling of the trial court.

In an unpublished opinion, that appellate court vacated and set aside the district court judgment, finding the district court was divested of jurisdiction over all areas of the case when it signed the order granting DOTD a suspensive appeal. Denton v. Vidrine, 06-0143 (La.App. 1 Cir. 12/28/06), 947 So.2d 850. According to the court of appeal, Louisiana law is well settled that once an order for a suspensive appeal is entered and the appeal bond was posted the district court is divested of jurisdiction over the matter, except for ten limited situations, see n. 2, supra, none of which were applicable to the present case. Therefore, the appellate court pretermitted the issues Denton raised in its appeal and vacated the trial court judgment.

Thereafter, State Farm applied for a writ of certiorari from this Court. After considering State Farm's application, we stated:

Writ granted. The court of appeal's ruling is vacated and the matter is remanded to the court of appeal for consideration on the merits. The district court was not divested of jurisdiction from ruling on this particular motion. See La.Code Civ. Pro. art.2088.

Denton v. Vidrine, 07-0566 (La.6/1/07), 957 So.2d 162.

On remand, a five-judge appellate panel, with one judge dissenting, held:

We conclude that either under La. C.C.P. art.2088(7) or La. C.C.P. art. 2088[10], a motion to fix interest is similar to a motion to fix costs. Evidence is permissible at a motion to fix costs; thus, evidence should be permissible to show the amount of interest owed. Since the trial court is not divested of its jurisdiction in this matter, the trial court has jurisdiction to clarify its judgment *52 as to the amount of interest defendant owes. Therefore, the trial court was legally wrong in ruling that evidence was inadmissible. This matter is hereby remanded to the trial court for the taking of evidence.

We granted State Farm's writ application from this ruling. Denton v. Vidrine, 08-0483 (La.4/4/08), 978 So.2d 315.

DISCUSSION

Denton contends that his motion is neither seeking an amendment to the judgment nor any changes to the language of the judgment. Rather, he argues he is seeking a clarification of what the language of the judgment means, i.e., whether the interest State Farm is obligated to pay is due on the entire amount of the judgment or on the policy limits.

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Bluebook (online)
998 So. 2d 48, 2008 La. LEXIS 2773, 2008 WL 5194451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denton-v-state-farm-mut-auto-ins-co-la-2008.