In Re: Interdiction Of Eunice Lirette Gambino C/w Calvin J. Gambino, Jr. And Cynthia A. Gambino, As Curator For Interdictee Eunice L. Gambino v. Calvin J. Gambino, Sr. And Brad Joseph Gambino

Supreme Court of Louisiana
June 03, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IN RE: INTERDICTION OF EUNICE LIRETTE
GAMBINO
C/W
CALVIN J. GAMBINO, JR. AND CYNTHIA A.
GAMBINO, AS CURATOR FOR INTERDICTEE
EUNICE L. GAMBINO
VS.
CALVIN J. GAMBINO, SR. AND BRAD JOSEPH
GAMBINO
No.2020-OC-00312
_ _
_ _ _ _
I
N RE: Calvin J. Gambino, Jr. - Applicant Other; Cynthia A. Gambino - Applicant
Other;
Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court
Number(s) 784146, Court of Appeal, Fifth Circuit, Number(s) 19-CA-153;
_ _ _ _ _ _
June 03, 2020
Writ application granted. See per curiam.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
06/03/2020 "See News Release 020 for any Concurrences and/or Dissents."

06/03/20
SUPREME COURT OF LOUISIANA
NO. 2020-OC-0312
IN RE: INTERDICTION OF
EUNICE LIRETTE GAMBINO
c/w
CALVIN J. GAMBINO, JR. AND
CYNTHIA A. GAMBINO, AS
CURATOR FOR INTERDICTEE
EUNICE L. GAMBINO
VS.
CALVIN J. GAMBINO, SR. AND
BRAD JOSEPH GAMBINO
ON SUPERVISORY WRITS TO THE COURT OF APPEAL,
FIFTH CIRCUIT, PARISH OF JEFFERSON
PER CURIAM
Neither La. Code Civ. P. art.1915(B) nor other provision of Louisiana law
establishes a time delay for filing a motion to certify a judgment as final. Absent an
expression of legislative will, Louisiana courts cannot impose a specific delay for
filing a motion to certify a judgment as final for purposes of immediate appeal.
Fraternal Order of Police v. City of New Orleans , 2002-1801 (La. 11/8/02), 831
So.2d 897, 899. Thus, a certification order issued after notice of appeal can cure
jurisdictional defects in the appeal. See Roundtree v. New Orleans Aviation Bd. ,
2004-0702 (La. App. 4 Cir. 2/4/05), 896 So.2d 1078, 1083; In re Succession of
Grimmett, 31,975 (La. App. 2 Cir. 3/5/99), 738 So.2d 27, 31.
The district court’s December 19, 2019 order, issued prior to the finality of the
dismissal of the appeal, designated the January 9, 2019 judgment and October 4, 2019
1

judgments as final under La. Code Civ. P. art. 1915(B). The order cured any
jurisdictional defects in the appeal.
Accordingly, the writ is granted. The judgment of the court of appeal
dismissing the appeal is reversed. In the interest of justice and judicial economy, the
court of appeal is directed to supplement the record with the district court’s December
19, 2019 order and to consider relators’ appeal on the merits.1
1 In his opposition filed in this court, respondent raised a peremptory exception of no right
of action challenging relators’ procedural status. Because the merits are not currently before us, we
express no opinion on respondent’s exception, but reserve his right to raise the exception in the court
of appeal pursuant to La. Code Civ. P. art. 2163.
2