Elaine T. Marshall, individually and as Co-Trustee of the Marshall Legacy Foundation and the Marshall Heritage Foundation v. Preston L. Marshall

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT ELAINE T. MARSHALL, NO. 2020 CW 1244 INDIVIDUALLY AND AS CO- TRUSTEE OF THE MARSHALL LEGACY FOUNDATION AND THE MARSHALL HERITAGE FOUNDATION, ET AL VERSUS

PRESTON L. MARSHALL DECEMBER 11, 2020

In Re: Preston L. Marshall, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 656183.

BEFORE: WHIPPLE, C. J. , WELCH, HOLDRIDGE, CHUTZ AND PENZATO, JJ.

STAY DENIED; WRIT DENIED. Once a judgment with appropriate decretal language is issued by the district court from its December 7, 2 02 0 ruling, as amended on December 9, 2 02 0, which imposed punishment for contempt against Preston Marshall, such a ruling will represent a final, appealable judgment, and defendant, Preston Marshall, will be entitled to file a motion for an appeal therefrom in accordance with applicable law. See Capital City Press, LLC v. Louisiana State Univ., 2013-1994 (La. 8/28/13), 120 So.3d 250 ("Insofar as relator is aggrieved by the August 14, 2013 judgment imposing sanctions for contempt, it has an adequate remedy by suspensive appeal."), citing La. Code Civ. P. art. 1915 (A) ( 6) . A final and appealable judgment must be precise, definite and certain, and must also contain decretal language, name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, as well as the relief which is expressly granted or denied.

VGW JEW GH WRC AHP

COURT OF APPEAL, FIRST CIRCUIT