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720 So. 2d 90

Docket No. 98-CA-242.

Guimmo v. Albarado

Mike GUIMMO and Karen Guimmo v. Delores Cresop ALBARADO, and Rickie Joseph Albarado, et al.

Louisiana Court of Appeal

Decided September 29, 1998.

Louisiana Court of Appeal · decided 1998-09-29

Cited by 4 later decisions — most recently February 2004

4 state decisions

Key passage — most relied on by later courts

“B. (1) When a court renders a partial judgment or partial summary judgment or sustains an exception in part, as to one or more but less than all of the claims, demands, ^issues, theories, or parties, whether in an original demand, reconventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless specifically agreed to by the parties or unless designated as a final judgment by the court after an express determination that there is no just reason for delay. (2) In the absence of such a determination and designation, any order or decision which adjudicates fewer than all claims or the rights and liabilities of fewer than all the parties, shall not terminate the action as to any of the claims or parties and shall not constitute a final judgment for the purpose of an immediate appeal. Any such order or decision issued may be revised at any time prior to rendition of the judgment adjudicating all the claims and the rights and liabilities of all the parties. (Emphasis added)”

quoted by 1 later decision, including 748 So. 2d 1182 - Bleuler v. Isacks Construction Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1998-09-29

View the full empirical analysis of this case →

¶1William J. Scheffler, III, Marrero, for Plaintiffs-Appellants.

¶2Leonard M. D'angelo, Metairie, for Plaintiff-Appellee.

¶3Kurt D. Engelhardt, Metairie, Joseph R. Ward, Jr., New Orleans, George S. Ruppenicker, Harvey, Curtis Gordon, Gretna, Anthony Rollo, Lauren L. Zimmerman, New Orleans, for Defendants-Appellees.

¶4David Montz, Gretna, in proper person.

¶5Before DUFRESNE and GOTHARD, JJ., and THOMAS C. WICKER, Jr., J. Pro Tem.

¶6DUFRESNE, Judge.

¶7Mike and Karen Giummo, plaintiffs-appellants, urge this appeal from a partial summary judgment which dismissed only one of several defendants from their suit. For the following reasons, we dismiss this matter for lack of appellate jurisdiction.

¶8Prior to the recent amendments to La. Code Civ. Pro., Art 1915, a judgment which dismissed only one of several defendants from a suit was immediately appealable. This article was amended by Act 483 (Acts 1997)(effective July 1, 1997), to provide otherwise. The pertinent language from the amended article is as follows:

B.(1) When a court renders a partial judgment or partial summary judgment or sustains an exception in part, as to one or more but less than all of the claims, demands, issues, theories, or parties, whether in an original demand, reconventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless specifically agreed to by the parties or unless designated as a final judgment by the court after an express determination that there is no just reason for delay.
(2) In the absence of such a determination and designation, any order or decision which adjudicates fewer than all claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties and shall not constitute a final judgment for the purpose of an immediate appeal....

¶9The trial judge in the present matter has made no determination that there was no just reason to delay appeal of this judgment and did not designate it as a final judgment. In this circumstance, there is no final, appealable judgment before us, and we must therefore dismiss the matter for lack of appellate jurisdiction.

¶10APPEAL DISMISSED.

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