From Casetext: Smarter Legal Research

Priority v. Crescent City

Court of Appeal of Louisiana, Fourth Circuit
Mar 15, 1999
727 So. 2d 1186 (La. Ct. App. 1999)

Opinion

No. 98-CA-2537

December 23, 1998. Rehearing Denied March 15, 1999.

APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, NO. 90-19542, STATE OF LOUISIANA, HONORABLE LOUIS A. DIROSA, J.

Collins Klotz, L.L.P., W. Patrick Klotz, New Orleans, Louisiana and John Volz, Mandeville, Louisiana, Counsel for Defendants-Appellants.

Weigand, Levenson Costa, Leonard L. Levenson, New Orleans, Louisiana and Henican Brown, C. Ellis Henican, Jr., Thomas P. Henican, New Orleans, Louisiana, Counsel for Defendants-Appellees.

Court composed of Judge WILLIAM H. BYRNES III, Judge STEVEN R. PLOTKIN, Judge PATRICIA RIVET MURRAY.


Defendants-appellants, Priority E.M.S., Inc., Jan Boatright and Michael Boatright appeal a judgment rendered against them on December 5, 1996, and another judgment rendered on July 9, 1998. Appellees, Safeway Financial Services, Inc., Joseph Young, Jr. and Alacrity, Inc., moved to dismiss the appeal as to both judgments on the grounds that they are not final appealable judgments.

On December 5, 1996, judgment was rendered in favor of the plaintiff-appellee, Safeway Financial Services Inc., against defendants-appellants, Jan and Michael Boatright and Priority E.M.S., for $413,000.00 plus attorney fees, interest and costs. The signing of the December 5, 1998 judgment was revoked by the trial court on February 4, 1997 on the ex parte motion of appellants, leaving it in the status of a rendered but unsigned judgment. Appellants acknowledge in their opposition to the motion to dismiss appeal filed by Safeway Financial Services, Inc. Joseph Young, Jr. and Alacrity, Inc. that "the December 5, 1996 judgment was not final, and no appeal was able to be taken from that judgment until it was final."

Appellants filed an Application for Supervisory Writs which was denied by this Court in an unpublished opinion informing the appellants that they must take either a suspensive or devolutive appeal. Priority E.M.S., Inc. v. Crescent City E.M.S., Inc., (La.App. 4 Cir. 8/27/97), 698 So.2d 1078, writ denied (La. 11/21/97); 703 So.2d 1317.

Priority and the Boatrights filed a motion for reconsideration requesting a new trial and that the original money judgment be cancelled from the mortgage records. On July 9, 1998, in response to that motion, the trial court rendered a partial judgment denying the request for cancellation of earlier judgments from the mortgage records, denied a new trial on the merits, but granted a new trial on quantum only. This partial judgment is not a final appealable judgment. It was not certified as such as required by LSA-C.C.P. art. 1915 B and the issue of liability was not tried separately as required by LSA-C.C.P. art. 1915 A(5).

For the foregoing reasons, we hereby dismiss this appeal.

APPEAL DISMISSED.


Summaries of

Priority v. Crescent City

Court of Appeal of Louisiana, Fourth Circuit
Mar 15, 1999
727 So. 2d 1186 (La. Ct. App. 1999)
Case details for

Priority v. Crescent City

Case Details

Full title:PRIORITY E.M.S., INC. v. CRESCENT CITY E.M.S., INC., D/B/A MEDIC ONE AND…

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Mar 15, 1999

Citations

727 So. 2d 1186 (La. Ct. App. 1999)

Citing Cases

Priority v. Crescent

Priority and the Boatrights then appealed to this Court both the judgment of 5 December 1996 and the judgment…

Safeway F.S. v. Priority E.M.S.

However, the signing of that Judgment by the Court is revoked and set aside, nunc pro tunc, thus causing the…