U.S. Bank National Association as Trustee for RFMSI 2005S7 v. Walter C. Dumas

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
U. S. BANK NATIONAL NO. 2020 CW 1311
ASSOCIATION AS TRUSTEE FOR
REMSI 200557

VERSUS

WALTER C. DUMAS
JANUARY 28, 2021

In Re: Walter C. Dumas, for
applying supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 610504.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

STAY DENIED; WRIT DENIED. Although the judgment at issue
purports to be a final and appealable judgment, it lacks
appropriate decretal language. See La. Code Civ. P. art. 1918;
see also Matter of Succession of Porche, 2016- 0538 (
App. 1st La.
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 is
ruling 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 judgment
a the amount owed without reference
to other documents. 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 defendant, Walter C.
Dumas,
will be entitled to file a motion for an appeal therefrom
in accordance with applicable law, which may include review of
all adverse
interlocutory rulings prejudicial to him, in
addition to the final judgment.

MRT
EW
CHH

COURT OF APPEAL, FIRST CIRCUIT

EPUTX CL RK OF COURT
FOR THE COURT