Lay v. Stalder

15 Citing cases

  1. Huszar v. Huszar

    958 So. 2d 1216 (La. Ct. App. 2007)

    An appellant's failure to file a devolutive appeal timely is a jurisdictional defect, in that neither the court of appeal nor any other court has the jurisdictional power and authority to reverse, revise or modify a final judgment after the time for filing a devolutive appeal has elapsed. Lay v. Stalder, 99-0402 (La.App. 1st Cir. 3/31/00), 757 So. 2d 916, 919. When an appellant fails to file a devolutive appeal from a final judgment timely, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment.

  2. Williams v. Damico

    9 So. 3d 354 (La. Ct. App. 2009)

    An appellant's failure to file a devolutive appeal timely is a jurisdictional defect, in that neither the court of appeal nor any other court has the jurisdictional power and authority to reverse, revise, or modify a final judgment after the time for filing a devolutive appeal has elapsed. Lay v. Stalder, 99-0402 (La.App. 1st Cir. 3/31/00), 757 So.2d 916, 919. When an appellant fails to file a devolutive appeal from a final judgment timely, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment.

  3. Daigrepont v. Exxon Mobile Corp.

    339 So. 3d 1203 (La. Ct. App. 2021)   Cited 1 times

    This is because if a final judgment acquires the authority of the thing adjudged, no court has the jurisdictional power and authority to modify or revise that judgment. See Frank L. Maraist, 1 La. Civ. Law Treatise, Civil Procedure, § 14:6 (2d ed.); see alsoLay v. Stalder , 99-0402(La. App. 1st Cir. 3/31/00), 757 So.2d 916, 919 (failure of appellant to timely file a devolutive appeal from a final judgment results in the judgment acquiring the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment). In light of the purpose of an appeal, it is evident that Article 2087 establishes the outer time limit in which a devolutive appeal may be taken to avoid a jurisdictional defect and preclude a court from reviewing the propriety of a final judgment.

  4. Bridges v. Baton Rouge Gen. Med. Ctr.

    317 So. 3d 662 (La. Ct. App. 2020)   Cited 4 times

    When an appellant fails to file a devolutive appeal from a final judgment timely, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment. Lay v. Stalder, 99-0402, p. 5 (La. App. 1 Cir. 3/31/00), 757 So.2d 916, 919. Thus, the issue addressed by [defendant] in this assignment of error is not properly before this court on appeal...

  5. Faldetta v. Main St. Family Pharmacy, L.L.C.

    251 So. 3d 1107 (La. Ct. App. 2018)   Cited 16 times
    Noting that, absent evidence establishing a duty or a breach thereof, an expert's testimony that infers negligence is insufficient to create a genuine issue of material fact

    When an appellant fails to timely appeal a final judgment, the judgment acquires the authority of a thing adjudged, and a court of appeal has no jurisdiction to alter the judgment. SeeTolis v. Board of Supervisors of Louisiana State University , 95-1529 (La. 10/16/95), 660 So.2d 1206, 1206–07 (per curiam ); Lay v. Stalder , 99-0402 (La. App. 1 Cir. 3/31/00), 757 So.2d 916, 919. Lacking jurisdiction to review the August 24, 2015 judgment, we do not consider the assignment of error directed thereto.

  6. Harruff v. King

    185 So. 3d 289 (La. Ct. App. 2016)   Cited 1 times

    When an appellant fails to file a devolutive appeal from a final judgment timely, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment.Lay v. Stalder, 99–402, p. 5 (La.App. 1 Cir. 3/31/00), 757 So.2d 916, 919. Because the Kings failed to appeal the separate judgment which assessed the expert witness fees and costs against them, that judgment became final.

  7. Lawrence v. State Civil Serv. Comm'n

    2014 CA 0942 (La. Ct. App. Dec. 23, 2014)

    An employee's failure to file an appeal timely is a jurisdictional defect, in that neither the Commission nor any other court has the jurisdictional power or authority to reverse, revise, or modify an action after the time for filing an appeal has elapsed. See Lay v. Stalder, 99-0402 (La. App. 1 Cir. 3/31/00), 757 So. 2d 916, 919. Mr. Lawrence argues that the appeal delays did not begin to run until he was aware of his right to appeal.

  8. Delaney v. Amite Homes, Inc.

    2011 CA 2323 (La. Ct. App. Jun. 13, 2012)

    When an appellant fails to timely file a devolutive appeal from a final judgment, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment. Lay v. Stalder, 99-0402 (La. App. 1 Cir. 3/31/00), 757 So.2d 916, 919. A judgment that dismisses a party from a suit is a partial final judgment, subject to immediate appeal pursuant to LSA-C.C.P. art. 1915(A)(1), without the need of the trial court's certification as such.

  9. Stemley v. Henderson

    966 So. 2d 1246 (La. Ct. App. 2007)

    Accordingly, plaintiffs petition was untimely, and neither the district court nor this court has jurisdiction to entertain plaintiffs appeal. Lay v. Stalder, 99-0402 (La.App. 1st Cir. 3/31/00), 757 So. 2d 916, 919. While his petition for judicial review was not filed with the Nineteenth Judicial District Court until December 8, 2004, a petition for judicial review by an incarcerated inmate unable to personally file lois petition in court is considered timely filed if placed in the hands of prison officials within the thirty-day period mandated by LSA-R.S. 15:1177(A).

  10. Dotd v. Chippenbill Inv.

    957 So. 2d 381 (La. Ct. App. 2007)

    When an appellant fails to file a devolutive appeal from a final judgment timely, the judgment acquires the authority of the thing adjudged, and the court of appeal has no jurisdiction to alter that judgment. Lay v. Stalder, 99-0402 (La.App. 1st Cir. 3/31/00), 757 So.2d 916, 919. See also Feyerabend v. State. Dept. of Wilfdlife Fisheries, 544 So.2d 577, 579 n. 1 (La.App. 1st Cir 1989).