Danielle Darensbourg Young v. Otto Christian Hall, D.P.M.
Danielle Darensbourg Young v. Otto Christian Hall, D.P.M., No. 2023CW1170 (La. Ct. App. 1st Cir. Jan. 18, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Belanger v. Gabriel Chemicals, Inc. 787 So. 2d 559
- Hull v. Fluker Farms 802 So. 2d 612
- Allstate Insurance Co. v. Mohamadian 35 So. 3d 1118
- Carter v. Rhea 785 So. 2d 1022
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DANIELLE DARENSBOURG YOUNG NO. 2023 CW 1170
VERSUS
OTTO CHRISTIAN HALL, D.P.M. JANUARY 18, 2024
In Re: Otto Christian Hall, D. P.M., applying for supervisory
writs, 19th Judicial District Court, Parish of East
Baton Rouge, No. 728507.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT NOT CONSIDERED. This writ application is untimely.
Defendant's notice of intent was filed on October 9, 2023, more
than thirty days after the district court signed a judgment
denying defendant's exception of no cause of action on May 2 3,
2023, and notice of judgment was mailed on May 31, 2023.
Although the district court's May 23, 2023 judgment attempted to
designate that judgment as final, a judgment which denies an
exception is not subject to designation as a final judgment
pursuant to La. Code Civ. P. art. 1915(B). A district court's
rendition of judgment improperly certifying a denial of an
exception as a final, appealable judgment is ineffectual. See
Belanger v. Gabriel Chems., Inc., 2000-0747 ( La. App. 1st Cir.
5/23/01), 787 So.2d 559, 563, writ denied, 2001-2289 ( La.
11/16/01), 802 So.2d 612. Accordingly, the May 23, 2023
judgment was interlocutory, and there is no motion for new trial
as to an interlocutory ruling; motions for new trial pertain to
final judgments only. Allstate Insurance Co. v. Mohamadian,
2009-1126 ( La. App. 1st Cir. 2/17/10), 35 So.3d 1118, 1121.
Therefore, the motion for new trial was procedurally improper.
Most significantly, the filing of a motion for new trial seeking
reconsideration of an interlocutory ruling cannot interrupt the
thirty-day period for filing an application for supervisory
writs established by Rule 4-3 of the Uniform Rules of Louisiana
Courts of Appeal. See Carter v. Rhea, 2001-0234 ( La. App. 4th
Cir. 4/25/01), 785 So.2d 1022, 1025.
Supplementation of this writ application and/ or an
application for rehearing will not be considered. Uniform Rules
of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9.
JMG
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT