Dale Miller v. Col. Nick Sanders and State of Louisiana through Louisiana Department of Public Safety and Corrections Louisiana State Penitentiary

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DALE MILLER NO. 2023 CW 1159

VERSUS

COL. NICK SANDERS; AND STATE
OF LOUISIANA THROUGH
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND
JANUARY 18, 2024
CORRECTIONS, LOUISIANA STATE
PENITENTIARY

In Re: Dale Miller, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
23832.

BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.

WRIT DENIED. Once a judgment containing proper decretal
language is rendered, the ruling dismissing plaintiff's action
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. Advanced Leveling & Concrete
Solutions v. Lathan Company, Inc., 2017-1250 ( La. App. 1st Cir.
12/20/18), 268 So.3d 1044, 1046 ( en bane). Once a judgment with
appropriate decretal language is issued by the district court,
it will represent a final, appealable judgment, and the
plaintiff, Dale Miller, will be entitled to file a motion for an
appeal therefrom in accordance with applicable law.

JMG
WRC
WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT