Opinion
2022 CW 0655
08-12-2022
ALLIED WORLD ASSURANCE COMPANY (U.S.) INC. v. AMEDISYS, INC. AND JASON ABATE
Allied World Assurance Company (U.S.) Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 705539.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT GRANTED. The December 22, 2021 judgment, which sustained the exceptions of no cause of action and vagueness as to defendant and plaintiff-in-reconvention's, Jason Abate, reconventional demand and did not provide for leave to amend but dismissed the reconventional demand with prejudice, is a final appealable judgment. See La. Code Civ. P. art. 1915(A) (4) and La. Code Civ. P. art. 1038. A final judgment may not be amended to effect a substantive change except on application for new trial, action for nullity, or timely appeal. See State ex rel. Dept, of Soc. Serv. v. A.P.P., 2002-2372 (La.App. 1st Cir. 6/20/03), 858 So.2d 498, 503. Changing "without prejudice" to "with prejudice" is a substantive change. Id. Thus, the June 1, 2022 amended judgment is an absolute nullity. Therefore, we grant this writ application and vacate the trial court's June 1, 2022 judgment.
VGW
JMG
EW