Opinion
No. 98-309.
September 23, 1998.
APPEAL FROM THE TWENTY-EIGHTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF LASALLE, STATE OF LOUISIANA, NO. 18,004; THE HONORABLE RONALD LEWELLYAN, DISTRICT JUDGE, PRESIDING.
Galen Wade McBride, Alexandria, for William Henry Sanders and Bessie O. Sanders.
William Henry Sanders, Jena, pro se.
William Henry Sanders, Jena, for Bessie O. Sanders.
Henry Gerard Terhoeve, Dawn Theresa Trabeau-Mire, Baton Rouge, for Louisiana Insurance Guaranty Association.
Mark Alan Watson, Alexandria, for A.D. Mathis, Jr., et al.
Howard Louis Murphy, New Orleans, for James H. Bradford, Jr., et al.
Carl Zeagler, et al., pro se.
Before THIBODEAUX, SAUNDERS and WOODARD, JJ.
For the reasons found in the companion case rendered this date under the caption number 98-308, Sanders v. Am. Fidelity Fire Ins. Co. (La.App. 3 Cir. 9/23/98); 750 So.2d 210, the judgment of the trial court is reversed. Costs of this appeal are to be assessed to the appellee.
REVERSED AND RENDERED.
THIBODEAUX, J., concurs and assigns written reasons.
SAUNDERS, J., concurs for the reasons assigned by THIBODEAUX, J.
In my view, this case should be decided on the basis that LIGA should not be liable for all of the judicial interest in suit No. 18,004 on the basis that it was not a party to the litigation under docket number 18,004.
La. Code Civ.P. art. 1841 provides that "[a] judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled." A judgment cannot determine rights or award relief to parties or entities who are not parties to the litigation. Rosella v. DeDe's Wholesale Florist, 607 So.2d 1055 (La.App. 3 Cir. 1992).