John J. Cummings, III v. Capitol Properties, LLC
This text of John J. Cummings, III v. Capitol Properties, LLC (John J. Cummings, III v. Capitol Properties, LLC) 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.
Opinion
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
CA 15-839
JOHN J. CUMMINGS, III
VERSUS
CAPITOL PROPERTIES, LLC
**********
APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE, NO. 33675 HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE
D. KENT SAVOIE
JUDGE
Court composed of Judges John D. Saunders, Marc T. Amy, and D. Kent Savoie.
MOTION TO DISMISS APPEAL GRANTED.
Johnny E. Dollar Dollar Law Firm, LLC Post Office Box 14310 Monroe, LA 71207-4310 (318) 837-9000 COUNSEL FOR DEFENDANT/APPELLANT: Capitol Properties, LLC Tyler J. Rench Jones, Walker, LLP 201 St. Charles Avenue Suite 5100 New Orleans, LA 70170 (504) 582-8336 COUNSEL FOR PLAINTIFF/APPELLEE: John J. Cummings, III SAVOIE, Judge.
The defendant-appellant, Capitol Properties, Inc. (Capitol), moves to dismiss
its own appeal following this court’s issuance of a rule to show cause why the
appeal should not be dismissed. For the following reasons, the motion to dismiss
the appeal is granted.
On May 18, 2015, the trial court signed a judgment that granted the
exception of no cause of action filed by the plaintiff, John J. Cummings, III
(Cummings). The judgment granted Capitol an opportunity to amend its pleadings
to properly state a cause of action for fraud. Without first amending its pleadings,
Capitol sought an ex parte order certifying that the May 18 judgment was a final
judgment. On July 15, 2015, that order was signed by the trial court, and Capitol
appealed.
This court issued a rule to show cause why the appeal should not be
dismissed as having been taken from an interlocutory judgment that is not subject
to being designated as final pursuant to La.Code Civ.P. art. 1915. See La.Code Civ.
P. arts. 934 and 2162; and Charles v. Jeff Davis Met-La Head Start, 525 So.2d
1277 (La.App. 3 Cir. 1988).
Following this issuance of this rule, Capitol filed a motion to dismiss its own
appeal, recognizing that the May 18, 2015 judgment was an interlocutory judgment
not subject to certification as final. Therefore, the motion to dismiss the appeal is
granted.
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
John J. Cummings, III v. Capitol Properties, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-j-cummings-iii-v-capitol-properties-llc-lactapp-2015.