Opinion
2014 CA 1091
08-28-2015
ROBA, INC. v. JAMES B. COURTNEY AND MONA LACKMAN COURTNEY
Sonjia D. Kirk Metairie, Louisiana and Peggy M.H. Robinson Baton Rouge, Louisiana Attorneys for Plaintiff/Appellant Roba, Inc. Robert. J. Carter Greensburg, Louisiana Pro Se
NOT DESIGNATED FOR PUBLICATION On Appeal from the Twenty-First Judicial District Court In and for the Parish of St. Helena State of Louisiana
Number 20,676
Honorable Wayne Ray Chutz, Judge Presiding Sonjia D. Kirk
Metairie, Louisiana
and
Peggy M.H. Robinson
Baton Rouge, Louisiana Attorneys for Plaintiff/Appellant
Roba, Inc. Robert. J. Carter
Greensburg, Louisiana Pro Se BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ. McDONALD, J.
In this suit, Roba, Inc. appeals an October 25, 2013 judgment rendered in favor of Robert Carter. Roba contends that the trial court erred in signing the judgment maintaining Mr. Carter's exception of prescription, dismissing its nullity action, and awarding Mr. Carter attorney fees under LSA-C.C.P. art. 863, and dismissing Roba's petition to declare the judgments absolute nullities. Mr. Carter filed an answer to the appeal. For the following reasons, we reverse the judgment, remand the matter, and partially grant the relief sought in the answer to the appeal.
DISCUSSION
A judgment is the determination of the rights of the parties in an action. LSA-C.C.P. art. 1841. Louisiana Code of Civil Procedure article 891 states that a petition "shall set forth the name, surname, and domicile of the parties[.]" (Emphasis added.) Roba's nullity petition does not properly name Mr. Carter as a party. A judgment cannot determine rights or award relief to a person who is not a party to the litigation. Gentile v. Baton Rouge General Medical Center, 95-0348 (La. 11/9/95), 665 So.2d 422, 430; Minton v. Crawford, 98-478 (La. App. 3 Cir. 10/7/98), 719 So.2d 743, 748; Jones v. Don Edwards Timber Company, Inc., 516 So.2d 1256, 1260-61 (La. App. 2 Cir. 1987); also see Dennison v. Liberty Mutual Insurance Company, (La. App. 1 Cir. 11/10/94), 645 So.2d 1227, 1233-34. Although the allegations of the petition referred to Mr. Carter, sought to have Mr. Carter appear, and requested service on Mr. Carter, these actions are insufficient to make him a named party to the suit. LSA-C.C.P. art. 891. Since Mr. Carter was not a party, the October 25, 2013 judgment, which was incorrectly rendered in his favor, must be reversed.
Mr. Carter filed an answer to the appeal requesting that the judgment be affirmed, that he be awarded frivolous appeal damages, and that Roba, Inc. be assessed all costs of the appeal. For the foregoing reasons, these requests are denied, except for the assessment of costs, which is granted.
CONCLUSION
The October 25, 2013 judgment, which grants relief to a non-party to the suit, is reversed and the matter is remanded to the trial court for further proceedings. The answer to the appeal is denied in part and granted in part. Costs are assessed against the appellant, Roba, Inc.
OCTOBER 25, 2013 JUDGMENT REVERSED; CASE REMANDED; ANSWER TO APPEAL GRANTED IN PART.