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939 So. 2d 428

Docket No. 06-CA-88.

State v. Beaudoin

STATE of Louisiana v. Gerard M. BEAUDOIN.

Louisiana Court of Appeal

Decided June 29, 2006.

Louisiana Court of Appeal · decided 2006-06-29

Cited by 6 later decisions — most recently May 2019

6 state decisions

Key passage — most relied on by later courts

“[T]o assist the appellate court in its review of designated final judgments, the trial court should give explicit reasons, either oral or written, for its determination that there is no just reason for delay. However, if the trial court fails to do so ... the appellate court cannot summarily dismiss the appeal.,.. [T]he proper standard of review for an order designating a judgment as final for appeal purposes when accompanied by explicit reasons is whether the trial court abused its discretion. If no reasons are given but some justification is apparent from the record, the appellate court should make a de novo determination of whether the certification was proper ... [I]f after examination of the record the propriety of the certification is not apparent, the court of appeal may request a per curiam from the trial judge ... [or] issue a rule to show cause to the parties requiring them to show why the appeal should not be dismissed for failure to comply with La. C.C.P. art. 1915, when the propriety of the certification is not apparent and the trial court has failed to give reasons for its certification.”

quoted by 1 later decision, including 184 So. 3d 260 - Regions Bank v. Questar Exploration & Production Corp.

Relies on 616 So. 2d 826 - City of Kaplan v. Mayard · Lenard v. Goodwin

Good law ✅— No negative treatment on recordhow we know

Decided 2006-06-29

View the full empirical analysis of this case →

¶1Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Desiree M. Valenti, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

¶2Julie C. Tizzard, Gretna, Louisiana, for Defendant/Appellant.

¶3Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and CLARENCE E. McMANUS.

¶4JAMES L. CANNELLA, Judge.

¶5On November 24, 2004, the Appellants filed a Motion to Set Aside the Judgment for Bond Forfeiture and Nullity of Judgment. According to a minute entry, a hearing was held on that date and the motion was denied by the trial judge in open court. The bench ruling was not reduced to a written judgment signed by the trial judge. Instead, the word "Denied" was written across the motion, initialed by an unknown person, obviously not the trial judge. That does not constitute a final judgment.

¶6La.C.C.P. art. 1911 requires the trial judge to sign a final written judgment, and further provides that no appeal may be *429 taken until that requirement is met.[1] See also: Rule 9.5 of the Rules for Civil (Except For Family, Juvenile or Domestic Relations) Proceedings in District Court. A minute entry and an oral judgment that has not been reduced to writing and signed by the trial judge are insufficient to divest jurisdiction from the trial judge and for the appellate court to obtain jurisdiction.[2] Thus, without a written judgment signed by the trial judge, this appeal is premature. See: La. C.C.P. art. 1911; C.C.P. art. 1918; Lenard v. Goodwin,554 So.2d 294 (La.App. 5th Cir.1989); City of Kaplan v. Mayard,616 So.2d 826, 827 (La.App. 3rd Cir.1993).

¶7We issued an order to show cause to the Appellant as to why the appeal should not be dismissed for prematurity. The Appellant agreed that the appeal was premature. Consequently, the appeal must be dismissed. Pursuant to law, the Appellants may refile their appeal from the written judgment when it is obtained from the trial court. See: La.C.C.P. art. 2087; C.C.P. art. 2133. We will consider the appeal as filed if a signed judgment is obtained within the 14 day rehearing period. See: Uniform Rules-Courts of Appeal, Rule 2-18.2(b).

¶8Accordingly, the appeal is hereby dismissed without prejudice. Costs of this appeal are to be paid by the Appellants.

¶9APPEAL DISMISSED.

NOTES

¶10[1] La.C.C.P. art. 1911 states:

¶11Except as otherwise provided by law, every final judgment shall be signed by the judge. For the purpose of an appeal as provided in Article 2083, no appeal may be taken from a final judgment until the requirement of this Article has been fulfilled. No appeal may be taken from a partial final judgment under Article 1915(B) until the judgment has been designated a final judgment under Article 1915(B). An appeal may be taken from a final judgment under Article 1915(A) without the judgment being so designated.

¶12[2] See: C.C.P. art. 2088.

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