Jerry Kathleen Ballard and James R. Ballard v. State Farm Mutual Automobile Insurance Company and Leslie R. Vincent a/k/a Leslie Vincent Daigle

• Court: Louisiana Court of Appeal
• Decided: January 6, 2020
• Docket: 2019CW1210
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JERRY KATHLEEN BALLARD AND NO. 2019 CW 1210 JAMES R. BALLARD

VERSUS

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LESLIE R. VINCENT A/ K/ A LESLIE JAN 0 6 2020 VINCENT DAIGLE

In Re. Jerry Kathleen Ballard and James R. Ballard, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2018- 13848.

BEFORE: WHIPPLE, C. J., GUIDRY AND PENZATQ, JJ.

WRIT DENIED. When a judgment dismisses all claims against

a party, it is a final judgment that is immediately appealable

under La. Code Civ. P. art. 1915( A)( 1) and ( A)( 3). Appellate courts do not generally review appealable judgments under their

supervisory jurisdiction. See In re Howard, 541 So. 2d 195, 196- 97 ( La. 1989) ( per curiam). However, a valid judgment must be precise, definite, and certain." Laird v. St. Tammany Parish Safe Harbor, 2002- 0045 ( La. App. 1st Cir. 12/ 20/ 02), 836 So. 2d 364, 365. Moreover, a final appealable judgment must contain decretal language, and it must name the party in favor of whom

the ruling is ordered, the party against whom the is ruling ordered, and the relief that is granted or denied. See Carter V. Williamson Eye Center, 2001- 2016 ( La. App. 1st Cir. 11/ 27/ 02), 837 So. 2d 43, 44. These determinations should be evident from the language of a judgment without reference to other documents in the record, such as pleadings and reasons for judgment. Laird, 836 So. 2d at 366. Accordingly herein, once a judgment with appropriate decretal language, and not referring to an extrinsic pleading, is issued by the district court, such

a ruling will represent a final, appealable judgment.

VGW JMG AHP

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DEPUTY LERK OF COURT FOR THE COURT