Opinion
Docket Number 2016-CA-0600
06-29-2017
Joseph Bergeron d/b/a Design/Build Associates v. Neal Patel d/b/a Louisiana Party Company
NOT DESIGNATED
FOR PUBLICATION 19th Judicial District Court
Case #: 638566
East Baton Rouge Parish On Application for Rehearing filed by Louisiana Party Co., LLC Rehearing DENIED
/s/_________
John T. Pettigrew
/s/_________
J. Michael McDonald
/s/_________
Jewel E. "Duke" Welch
/s/_________
William J. Crain
/s/_________
Curtis A. Calloway Date JUN 29 2017 /s/_________
Rodd Naquin, Clerk
ON REHEARING
CRAIN, J., dissenting.
On appeal, the majority addressed substantive issues despite having determined that the judgment under review is indefinite. I dissented because I believe appellate jurisdiction in this instance cannot be exercised in a piecemeal fashion. Here, the determination of the lien amounts will affect the amount of the arbitration award. In its application for rehearing, the appellant persuasively argues that the defect identified by the majority infects not just the trial court's judgment, but renders the entire arbitration award unenforceable. The piecemeal exercise of jurisdiction resulting in affirmation of the judgment confirming the arbitration award precludes consideration of that issue. I would grant rehearing, recognize our lack of jurisdiction over the entire judgment, vacate the earlier opinion, and remand the matter for further proceedings.