Opinion
No. 2003-OC-0284.
April 4, 2003.
ON APPEAL FROM THE PARISH OF ORLEANS, CIVIL DISTRICT COURT, DIV. M, NO. 92-18044; TO THE COURT OF APPEAL, FOURTH CIRCUIT, NO. 2002-CA-1447.
The court of appeal's ruling, which dismisses plaintiffs' appeal without prejudice because the district court failed to designate its interlocutory ruling as a final and appealable judgment, causes plaintiffs no significant hardship. In F. Maraist H. Lemmon, Louisiana Civil Law Treatise, Civil Procedure § 12.1 at n. 6 (1999), the authors observe that there is no time limit specified for the commencement of the delay for appealing:
LSA-C.C.P. art. 1915 does not provide the method for seeking the designation; presumably, this is done by motion to designate the judgment as final. Moreover, there is no time limit specified for the commencement of the delay for appealing. . . .
Because there are no time limits for requesting that the judgment be designated as appealable, plaintiffs may file a second motion to designate the judgment as immediately appealable.