Richard And Judith Williams v. United States Fire Insurance, Et Al.

Supreme Court of Louisiana
January 18, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
RICHARD AND JUDITH WILLIAMS
VS.
UNITED STATES
FIRE INSURANCE, ET AL.
No. 2022-C-01637
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I
N RE: United States Fire Insurance Company - Applicant Defendant; Trip Mate,
Inc. - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Rapides, 9th
Judicial District Court Number(s) 268,548, Court of Appeal, Third Circuit,
Number(s) CA2200071;
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January 18, 2023
Writ application granted. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
01/18/2023 "See News Release 002 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-C-01637
RI
CHARD AND JUDITH WILLIAMS
VS.
UNITED STATES FIRE INSURANCE, ET AL.
O
n Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Rapides
PE
R CURIAM
Louisiana Code of Civil Procedure article 1911 A provides that “every final
judgment shall contain the typewritten or printed name of the judge and be signed
by the judge.” 1 “[N]o appeal may be taken from a final judgment until the
requirement of this Article has been fulfilled.” La. C.C. P. art. 1911 B. With respect
to a summary judgment, La. C.C.P. art. 968 states that summary judgments “are final
judgments and shall be rendered and signed in the same manner and with the same
effect as if a trial had been had upon evidence regularly adduced.” (Emphasis
added).
This Court has held that, where a final judgment is not reduced to writing and
signed by a judge, there is no final judgment “and no appeal [can] be taken. . . . In
order to have . . . the force and effect of a final judgment . . . there [must] be a
judgment signed by the judge rendering it.” Fisher v. Rollins, 91 So. 2d 28, 31 (La.
1956). See also , Carter v. Ameer LLC, 2018-0703, p. 3 (La. App. 4 Cir. 2/27/19),
265 So. 3d 922, 924 (“a final judgment must be reduced to writing. . . . “[A]n
appellate court reviews written judgments. . . .”) (Internal citations omitted); Wynne
1 Moreover, a “final judgment. . . shall be identified as such by appropriate language; shall be
signed and dated; and shall, in its decree, identify the name of the party in whose favor the relief
is awarded, the name of the party against whom the relief is awarded, and the relief that is awarded.
If appealed, a final judgment that does not contain the appropriate decreta l language shall be
remanded to the trial court. . . .” La. C.C.P. art. 1918 A.
01/18/23

v. Parlay’s, Inc., 97-1170 (La. App. 4 Cir. 11/5/97), 701 So. 2d 1369 (in considering
an appeal from a judgment entered orally but never signed by the trial court: “the
absence of a signed judgment is fatal to [plaintiffs’] appeal … Since there is no
signed judgment the appeal must be dismissed as premature.”).
In the instant matter, while the trial court orally granted summary judgment
in Respondents’ favor, it failed to render a written judgment. Accordingly, based on
the foregoing, the record contains no final, appealable judgment. We therefore grant
the writ application solely to vacate the Court of Appeal’s judgment and remand this
matter to the trial court for further proceedings.