Scott Gurney, in his capacity as the Trustee of the Gurney Family Trust v. Josh P. McCoy

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SCOTT GURNEY, IN HIS NO. 2020 CW 1129
CAPACITY AS THE TRUSTEE OF
THE GURNEY FAMILY TRUST

VERSUS

JOSH P. MCCOY
FEB 1 s 2021

In Re: Josh P. McCoy, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,

No. 670818.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. Once a judgment containing proper decretal

language is rendered on the remaining issues of attorneys' fees
and costs, the judgment herein will constitute a final and

appealable judgment. 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.

The specific nature and amount of damages should be determinable
from a judgment so that a third person is able to determine from
a judgment the amount owed without reference to other documents.
Advanced Leveling & Concrete Solutions v. Lathan Company, Inc.,

2017- 1250 ( La. App. lst 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 defendant, Josh P.
McCoy, be will

entitled to file a motion for an appeal therefrom in accordance
with applicable law.

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT

ei .SSV
DEPUTY CLERK OF COURT
FOR THE COURT

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