Linda L. Foley v. Judy L. Davis, Trustee of the Kay F. Enright Separate Property Trust

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LINDA L. FOLEY NO. 2019 CW 1481

VERSUS

JUDY L. DAVIS, TRUSTEE OF
MAR 0 3 2020
THE KAY F. ENRIGHT SEPARATE
PROPERTY TRUST

In Re: Linda L. Foley, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.

2013- 2470.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. The judgment at issue appears to be a final
judgment, but it lacks appropriate decretal language. See La.
Code Civ. P. art. 1918; see also Matter of Succession of Porche,
2016- 0538 ( La. App. 1st Cir. 2/ 17/ 17), 213 So. 3d 401, 405- 06.
In order for a judgment to be a final and appealable one, it
must be precise, definite, and certain. It must also contain

decretal language, and it must name the party in favor of whom
the ruling is ordered, the party against whom the ruling is
ordered, and the relief that is expressly granted or denied
without reference to other documents in the record. Advanced
Leveling & Concrete Solutions v. Lathan Company, Inc., 2017- 1250
La. App. 1st Cir. 12/ 20/ 18), 268 So. 3d 1044, 1046 ( en banc).
Once a judgment with appropriate decretal language is issued by
the district court, it will represent a final, appealable

judgment, and Relator will be entitled to file a motion for an

appeal therefrom in accordance with applicable law.

PMC
JEW

Holdridge, J., concurs. A final judgment is one that
determines the merits in whole or in part. La. Code Civ. P.
art. 1841. Although the judgment at issue appears to be a

final, appealable judgment, I am bound to follow precedent from
this court, which holds that a judgment lacking the required

decretal language is not a final, appealable judgment. See,
e. g., Simon v. Ferguson, 2018- 0826 ( La. App, lst Cir. 2/ 28/ 19),
274 So. 3d 10, 14.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLRK OF COURT
FOR THE COURT