2021-CJ-01816 Precedential Remanded Processed

James W. Baker v. Danielle Perret

Louisiana Supreme Court · Filed February 8, 2022

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Opinion text

Supreme Court of Louisiana
February 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JAMES W. BAKER
VS.
DANIELLE PERRET
No. 2021-CJ-01816
_ _
_ _ _ _
I
N RE: James W. Baker - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Washington, 22nd Judicial District Court Number(s) 108030, Court of
Appeal, First Circuit, Number(s) 2019 CA 1692;
_ _ _ _ _ _
February 08, 2022
Writ application granted. See per curiam.
H
ughes, J., recused.
SJC
JLW
JTG
WJC
JBM
PDG
02/08/2022 "See News Release 007 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2021-CJ-01816
J
AMES W. BAKER
VS.
DANIELLE PERRET
O
n Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Washington
P
ER CURIAM
I t is well settled that an interlocutory ruling is reviewable on appeal of a final,
appealable judgment in the case. Louisiana High Sch. Athletics Ass'n, Inc. v. State,
2012-1471 (La. 1/29/13), 107 So.3d 583, 603; People of the Living God v. Chantilly
Corp., 251 La. 943, 207
So.2d 752, 753 (1968). Because the June 23, 2017 judgment
was interlocutory, it follows that judgment was reviewable on appeal after the final
judgment was rendered on September 23, 2021. Therefore, we find t he court of
appeal erred in failing to consider relator’s assignment of error arising from the June
23, 2017 judgment.
Accordingly, the writ is granted. To avoid a piecemeal appeal, the November
4, 2021 judgment of the court of appeal is vacated in its entirety, and the case is
remanded to the court of appeal to render a new opinion after considering all
assignments of error raised in the appeal.
02/08/22