Elaine T. Marshall, individually and as Co-Trustee of the Marshall Legacy Foundation and the Marshall Heritage Foundation v. Preston L. Marshall

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ELAINE T. MARSHALL, NO. 2020 CW 1244
INDIVIDUALLY AND AS CO-
TRUSTEE OF THE MARSHALL
LEGACY FOUNDATION AND THE
MARSHALL HERITAGE
FOUNDATION, ET AL
VERSUS

PRESTON L. MARSHALL DECEMBER 11, 2020

In Re: Preston L. Marshall, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 656183.

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

STAY DENIED; WRIT DENIED. Once a judgment with appropriate
decretal language is issued by the district court from its
December 7, 2 02 0 ruling, as amended on December 9, 2 02 0, which
imposed punishment for contempt against Preston Marshall, such a
ruling will represent a final, appealable judgment, and
defendant, Preston Marshall, will be entitled to file a motion
for an appeal therefrom in accordance with applicable law. See
Capital City Press, LLC v. Louisiana State Univ., 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) . A final and appealable judgment must be
precise, definite and certain, and must also contain decretal
language, name the party in favor of whom the ruling is ordered,
the party against whom the ruling is ordered, as well as the
relief which is expressly granted or denied.

VGW
JEW
GH
WRC
AHP

COURT OF APPEAL, FIRST CIRCUIT