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762 So. 2d 640

Docket No. 00-363.

Granger v. Guillory

Patrick GRANGER and Linda Granger v. Scott S. GUILLORY, et al.

Louisiana Court of Appeal

Decided April 26, 2000.

Louisiana Court of Appeal · decided 2000-04-26

Cited by 9 later decisions — most recently March 2015

9 state decisions

Key passage — most relied on by later courts

“(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, or theories, whether in an original demand, reconventional demand, cross-claim, third party claim, or intervention, the judgment shall not constitute a final judgment unless it is 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.”

quoted by 2 later decisions, including 787 So. 2d 559 - Belanger v. Gabriel Chemicals, Inc., 15 So. 3d 1105 - CAVAZZO v. Gray Ins. Co.

Relies on Brown v. Coregis Ins. Co.

Good law ✅— No negative treatment on recordhow we know

Decided 2000-04-26

View the full empirical analysis of this case →

¶1Thomas Fitzgerald Porter, IV, Aaron Wayne Guidry, Porter, Denton & Guidry, Lafayette, Louisiana, Counsel for Plaintiffs/Appellees.

¶2Gracella Gail Simmons, Keogh, Cox & Wilson, Lafayette, Louisiana, Troy Aaron Broussard, Allen & Gooch, Lafayette, Louisiana, Keith Michael Borne, Borne, Wilkes & Brady, Lafayette, Louisiana, Kenneth David St. Pé, Guilliot & St. Pé, Lafayette, Louisiana, Counsel for Defendants/Appellees.

¶3(Court composed of HENRY L. YELVERTON, SYLVIA R. COOKS and BILLIE COLOMBARO WOODARD, Judges).

¶4YELVERTON, Judge.

¶5

ORDER

¶6This court, sua sponte, issued a rule to show cause why the above captioned appeal should not be dismissed as having been taken from a non-appealable, interlocutory judgment. Appellant, Scott S. Guillory, filed a brief in response to this rule on April 6, 2000. For the reasons given below, we dismiss the appeal.

¶7The instant suit and a companion case which is not on appeal arise out of a vehicular collision which occurred on or about March 14, 1997. On this date, the vehicle being driven by plaintiff Linda A. Granger, in which her husband, plaintiff Patrick Granger, was riding as a guest passenger, struck at least one of two horses which allegedly belonged to Guillory. The Granger vehicle was then struck in the rear by another vehicle which was being driven by defendant Bryant A. Rivette.

¶8In the course of this litigation, Guillory filed a motion for summary judgment. The trial court signed a written judgment denying this motion on November 24, 1999. The judgment stated, "FURTHER, the Court, having considered all relevant factors, makes the express determination that there is no just reason for delay of an immediate appeal of this Summary Judgment and hereby designates and certifies that this Summary Judgment is final for the purpose of an immediate appeal under Article 1915(B) of the Louisiana Code of Civil Procedure."

¶9The trial court signed an order on December 29, 1999, granting Guillory a devolutive *641 appeal from the judgment of November 24. After the record in this appeal was lodged in this court, a rule to show cause why the appeal should not be dismissed as having been taken from a nonappealable, interlocutory order was issued ex proprio motu on March 21, 2000.

¶10The trial court's rendition of judgment certifying the denial of the motion for summary judgment as an appealable order was ineffectual. While certification is allowed under Article 1915 of partial judgments which grant a motion for summary judgment, this statute does not authorize the certification of a judgment denying a motion for summary judgment. See Brown v. Coregis Insurance Co., 99-48 and 99-49 (La.App. 1 Cir. 2/18/00); 752 So.2d 347. Accordingly, we hereby dismiss the instant appeal. Costs of this appeal are assessed to appellant.

¶11APPEAL DISMISSED.

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