Summary
In Baker v. Perret, 2018-0812 (La. App. 1 Cir. 12/28/18) (Baker I), 304 So.3d 860, this court dismissed Mr. Baker's appeal of the June 23, 2017 judgment based on a lack of subject matter jurisdiction.
Summary of this case from Baker v. PerretOpinion
2018 CU 0812
12-28-2018
James Wade BAKER v. Danielle PERRET
Nishua Sandhu, Covington, Louisiana, Counsel for Plaintiff/Appellant, James Wade Baker Brian A. Dragon, Slidell, Louisiana, Counsel for Defendant/Appellee, Danielle Perret
Nishua Sandhu, Covington, Louisiana, Counsel for Plaintiff/Appellant, James Wade Baker
Brian A. Dragon, Slidell, Louisiana, Counsel for Defendant/Appellee, Danielle Perret
BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.
McCLENDON, J. In this appeal arising from a custody proceeding, the father appeals the trial court judgment that granted the mother sole custody of their two minor children and granted the father supervised visitation after enrollment and participation in a 26-week program pursuant to the Post-Separation Family Violence Relief Act. For the following reasons, we dismiss the appeal.
The June 23, 2017 judgment set forth several provisions, including an order for attorney fees, as follows:
IT IS FURTHER ORDERED ADJUDGED AND DECREED that the entirety of Ms. Perret's attorney fees be paid for by Mr. Baker.
The judgment further decreed that "Mr. Baker shall reimburse Ms. Perret for any and all attorney's fees, court costs, and all other expenses she incurred associated with this litigation...."
The record is devoid of any evidence of a separate hearing to determine the amount of attorney fees.
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The issue of subject matter jurisdiction addresses the court's authority to adjudicate the cause before it. The issue may be considered at any time, even by the court on its own motion, at any stage of an action. Moreover, it is the duty of a court to examine subject matter jurisdiction sua sponte, even when the issue is not raised by the litigants. In re Interdiction of Metzler, 15-0982 (La.App. 1 Cir. 2/22/16), 189 So.3d 467, 469. See also Advanced Leveling & Concrete Solutions v. The Lathan Company, Inc., 17-1250, p. 3 (La. App. 1 Cir. 12/20/18), 268 So.3d 1044 (en banc).
Louisiana Code of Civil Procedure article 1918 provides that "[a] final judgment shall be identified as such by appropriate language," It is well settled that a final judgment must be precise, definite, and certain. In re Interdiction of Metzler, 189 So.3d at 469 ; Conley v. Plantation Mgmt. Co., L.L.C., 12-1510 (La.App. 1 Cir. 5/6/13), 117 So.3d 542, 546, writ denied, 13-1300 (La. 9/20/13), 123 So.3d 178. A final appealable judgment must name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied. Advanced Leveling & Concrete Solutions, 17-1250 at p. 4, 268So.3d at 1046 ; Carter v. Williamson Eye Center, 01-2016 (La.App. 1 Cir. 11/27/02), 837 So. 2d 43, 44.
The specific relief granted should be determinable from the judgment without reference to an extrinsic source such as pleadings or reasons for judgment. Advanced Leveling & Concrete Solutions, 17-1250 at p. 4, 268 So.3d at 1046 ; In re Interdiction of Metzler, 189 So.3d at 469. To be legally enforceable as a valid judgment, a third person should be able to determine from the judgment the party cast and the precise amount owed without reference to other documents in the record. Standard Insurance Company v. Spottsville, 16-0020 (La.App. 1 Cir. 9/16/16), 204 So.3d 253, 256.
In this matter, the exact amount of attorney fees cannot be determined from the judgment. The indefinite award of attorney fees renders the entire judgment non-appealable. See Advanced Leveling & Concrete Solutions, 17-1250, at p. 5, 268 So.3d at 1046. As such, there is no final appealable judgment before us, and this court lacks subject matter jurisdiction. Accordingly, Mr. Baker's appeal is dismissed and the matter is remanded to the trial court for further proceedings consistent with this opinion. Costs of this appeal are assessed against Mr. Baker.