2020CW0101 Nonprecedential Stay denied; writ denied Processed

John J. Favaloro v. Melissa Lynn Favaloro

Louisiana Court of Appeal, First Circuit · Filed February 10, 2020

Authorities cited

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JOHN J. FAVALORO NO. 2020 CW 0101

VERSUS

MELISSA LYNN FAVALORO LULU

In Re: Melissa Lynn Favaloro, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2016- 14514.

BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.

STAY DENIED; WRIT DENIED. While judgment
a
imposing
sanctions for contempt is final and appealable, the portion of

the trial court' s January 16, 2020 judgment granting the motion
for contempt filed by John J. Favaloro finding Melissa Lynn
Favaloro in contempt of court and ordering sanctions included an
award of
attorney' s fees without specifying the amount thereof.
As a result, that judgment is not yet final and appealable. See
Advanced Leveling & Concrete Solutions, 2017- 1250 ( La. App. 1st
Cir. 12/ 20/ 18), 268 So. 3d 1044, 1046 ( en banc). Once a judgment
containing proper decretal language is signed, the portion of

the judgment finding Melissa Lynn Favaloro in contempt and

imposing sanctions upon her will be final and appealable, and
she can seek an appeal therefrom.
Capital City Press, LLC See
v.
Louisiana State University System Board of Supervisors, 2013-
1994 ( La. 8/ 28/ 13), 120 So. 3d 250 (" Insofar as relator is
aggrieved by the August 14, 2013 judgment imposing sanctions for
contempt, it has an adequate remedy by suspensive appeal."),

citing La. Code Civ. P. art. 1915( A)( 6).

TMH
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

D44TI CLERK OF COURT
FOR THE COURT