LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc.

869 So. 2d 304, 2003 La.App. 4 Cir. 1283, 2004 La. App. LEXIS 637, 2004 WL 585842
CourtLouisiana Court of Appeal
DecidedMarch 3, 2004
DocketNos. 2003-CA-1283, 2003-CA-1284
StatusPublished
Cited by9 cases

This text of 869 So. 2d 304 (LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc.) 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.

Bluebook
LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc., 869 So. 2d 304, 2003 La.App. 4 Cir. 1283, 2004 La. App. LEXIS 637, 2004 WL 585842 (La. Ct. App. 2004).

Opinion

BAGNERIS, J.

Parties to this litigation are plaintiff/appellant, LHO New Orleans LM, L.P. (hereinafter referred to as “LaSalle”), the owner of the hotel Le Meridien New Orleans (hereafter referred to as “the hotel”), and MHI Leasco New Orleans, Inc. (hereinafter referred to as “MHI Leasco”), the tenant/operator/manager of the hotel. La-Salle seeks to reverse the trial court’s judgment confirming the arbitration panel’s decision and certifying the partial judgment as final.

In February 1998, LaSalle entered into a ten-year lease (hereinafter, “the lease”) for the hotel with MHI Leasco, a special-purpose entity wholly owned by Meridien Hotels, Inc. (hereinafter, “MHI”). Pursuant to the lease, MHI was able to continue its operation of the hotel pursuant to a management agreement with MHI Leasco.

For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.

APPELLATE JURISDICTION

This appeal requires us to determine whether or not the trial court erred in certifying the partial judgment pursuant to LSAC.C.P. art. 1915(B). An appeal lies only from a final judgment of the trial court. LSA-C.C.P. arts. 1911 and 2083. A judgment that determines the merits in whole |4or in part is a final judgment. LSA-C.C.P. art. 1841. Whether a partial final judgment is appealable is determined by examining the requirements of LSA-C.C.P. art. 1915. This Court’s jurisdiction must be properly invoked by a final ap-pealable judgment. Thus, the issue is whether this is a final appealable judgment meeting the requisites of LSA-C.C.P. art. 1915.

In 1997, by Act No. 483, the Louisiana Legislature made significant changes with respect to the appealability of partial judgments. In re Succession of Grimmett, 31,975, p. 4 (La.App. 2 Cir. 3/5/99), 738 So.2d 27, 30. Prior to the 1997 amendments, article 1915 set forth exclusive classes of partial judgments, which were immediately appealable. Id. at pp. 2-4, 738 So.2d at 29-30. The 1997 amendments, patterned after Rule 54 of the Federal Rules of Civil Procedure, now require a certification procedure, which must be met before a partial adjudication can become immediately appealable. Id. A partial judgment rendered by a trial court shall not constitute a final judgment subject to an immediate appeal unless designated as a final judgment by the trial court after an express determination that there is no just reason for the delay, or unless specifically agreed to by the parties. LSA-C.C.P. art. 1915 B (1).

This case was filed after the 1997 amendment of LSA-C.C.P. art. 1915. Thus, the newer version is applicable to the instant case.

LSA-C.C.P. art. 1915 provides in pertinent part:

A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or [307]*307parties all of the relief prayed for, or may not adjudicate all of the issues in the case[.]
* * *
B. (1) When the court renders a partial judgment or partial summary judgment or sustains an exception in part, as to one or more but less than all of the claims, demands, issues, or theories, whether | sin an original demand, recon-ventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless it is designated as a final judgment by the court after an express determination that there is no just reason for delay. [Emphasis ours].

The first determination a trial court must make in certifying a partial judgment as immediately appealable under article 1915 is finality. Mark Tatum and William Norris, III, Summary Judgment and Partial Judgment in Louisiana: The State We’re In, 59 La. L.Rev. 131, 157-58 (1998). A trial court’s designation of a partial judgment as final, however, does not necessarily make that judgment immediately appealable. This Court’s appellate jurisdiction extends to “final judgments.” LSA-C.C.P. art. 2083. This Court is not bound by the trial judge’s certification of the partial adjudication as final for the purpose of an immediate appeal; we determine finality de novo. See Davis v. Specialty Diving, Inc., 98-0458, p. 5 (La.App. 1 Cir. 4/1/99), 740 So.2d 666, 669, writ denied, 99-1852 (La.10/08/99), 750 So.2d 972; Clark v. United States, 624 F.2d 3, 4 (2nd Cir.1980); Ryan v. Occidental Petroleum Corp., 577 F.2d 298, 302 (5th Cir.1978).

Although article 1915 dispenses with finality in the sense of completion of the litigation, the judgment rendered must be sufficiently final in that it disposes of the claim or dispute in regard to which the judgment is entered. See McMunn v. Hertz Equipment Rental Corporation, 791 F.2d 88, 90 (7th Cir.1986). Furthermore, in determining whether a partial judgment is a final one for the purpose of an immediate appeal, a court must always keep in mind the historic policies against piecemeal appeals. Banks v. State Farm Insurance Company, 30,868, p. 2 (La.App. 2 Cir. 3/5/98), 708 So.2d R523, 524; Doyle v. Mitsubishi Motor Sales of America, Inc., 99-0459 (La.App. 1 Cir. 3/31/00) 764 So.2d 1041.

The parties completed arbitration as ordered by this Court. MHI Leasco filed its motion to confirm the arbitration panel’s decision that was granted by the trial court. It then filed a motion to certify the judgment as final pursuant to LSA-C.C.P. art. 1915(B) (1). The trial court granted MHI Leasco’s motion and LaSalle appealed.

On appeal, LaSalle contends that the trial court erred in its certification of the partial judgment without hearing argument from counsel from LaSalle. LaSalle also argues the trial court failed to expressly state any reasons other than what it characterizes as a conclusory statement.

In its reasons for judgment, the trial court stated:

This Court notes the general statement of law in regards to partial judgments. Under Article 1915(B)(1) of the Louisiana Code of Civil Procedure, “When a court renders a partial judgment or a partial summary judgment or sustain an exception in part, as to one or more but less than all of the claims, demands, issues or theories, whether in an original demand, reconventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless it is des[308]*308ignated as a final judgment by the court after an express determination that there is no reasons for delay.”
In this case the partial judgment signed by the court was the judgment upholding the arbitration decision of the panel in the case at bar. Such judgment, in upholding the arbitration award, concisely fall under the realm of a partial judgment, which decides less than all of the issues in a case. Thus, this category of judgment may be deemed a final partial judgment under Article 1915(B)(1) of the Louisiana Code of Civil Procedure if the court makes the determination that delay is unnecessary.

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869 So. 2d 304, 2003 La.App. 4 Cir. 1283, 2004 La. App. LEXIS 637, 2004 WL 585842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lho-new-orleans-lm-lp-v-mhi-leasco-new-orleans-inc-lactapp-2004.