Clayton Long v. Theresa A. Robichaux in her capacity as Terrebonne Parish Clerk of Court and Patriot Construction Services L.L.C.

V.

THERESA A. ROBICHAUX IN HER CAPACITY AS 'T` NNE

6 PARISH CLERK OF COURT AND PATRIOT CONSTRUCTION
SERVICES, L.L.C.

Judgment Rendered:
SEP 2Q 2024

Appealed from the
32nd Judicial District Court
In and for the Parish of Terrebonne
State of Louisiana
Docket No. 196880

Sarah N. Chouest Counsel for Plain tiff/Appellee,
Houma, Louisiana Clayton Long

Jeffrey K. Frattini 1- 4111US9 Ma n'V[/
A
New Orleans, Louisiana Patriot Construction Services,
L.L.C.

This matter is before us on appeal by defendant, Patriot Construction

Services, L.L.C., from a judgment of the district court ordering that a writ of

reasons that follow, we dismiss the appeal.

Plaintiff, Clayton Long, filed a petition for writ of mandamus naming

Theresa A. Robichaux , in her capacity as the Clerk of Court for the Parish of

Terrebonne, and Patriot Construction Services, L.L.C. (" Patriot"), a limited

and mold remediation services on Mr. Long' s home and that the invoice for sucM

services was in dispute. Mr. Long further averred that Patriot filed a lien against

his property with the Terrebonne Parish Clerk of Court pursuant to the Private

Works Act, codified as La. R.S. 9: 4801, et seq., which allows a contractor licenseM

in the State of Louisiana to file a lien against a homeowner for work performed A
that contractor.
Mr. Long contended that Patriot was not licensed in Louisiana; III

thus sought a writ of mandamus directing Ms. Robichaux to remove the lien anM

Following a hearing, the district court issued oral reasons determining that

water mitigation services is the kind of work that the Louisiana contractor' s

licensing law requires be performed by contractors who have received a license

from the Louisiana contractor' s board[ J" and that in the absence of such a license,

lien rights do not flow from the Patriot' s contract with Mr. Long, rendering it null
and void under the circumstances. The district court thus granted the writ of

W

Thereafter, the district court signed a judgment on September 5, 2023, in

with its ruling making the writ of mandamus peremptory, ordering the

clerk of court to remove the lien, and deferring consideration of Mr. Long' s claim

9

IT IS ORDERED, ADJUDGED, AND DECREED that Writ
of Mandamus be made peremptory and the Terrebonne Parish Clerk
of Court shall remove the lien against 352 Daralyn Drive, Houma,
Louisiana 70363, File 91646229, Book 3328, Page 259.

IT IS FURTHER ORDERED, ADJUDGED, AND
DECREED that the issue of damages requested by Clayton Long is
deferred.

Patriot filed the instant appeal contending that the district court erred in

lodging of this appeal, this Court issued an interim order

noting that although the judgment made the writ of mandamus peremptory, it

deferred the issue of damages, and thus appeared to be a partial final judgment.

This Court thus remanded the matter to the district court to determine whether to

designate the judgment as a final judgment after an express determination tha

there was no just reason for delay, so as to make the judgment immediately

appealable pursuant to La. C. C. P. art. 1915( B). The order further provided that, in

the absence of such a determination and designation by the district court, the

appeal will be dismissed for lack ofjurisdictiola
In response to this Court' s interim order, the district court signed a judgment

on June 6, 2024, decreeing that its judgment of September 5, 2023, was " not

designated as a final judgment." The district court' s June 6, 2024 judgment, which

teclined to designate the September 5, 2023 judgment as final, was supplemented

Appellate courts have a duty to examine their subject matter jurisdiction sua

sponte, even if the litigants do not raise the issue, and we are obligated to recognize

any lack of jurisdiction if it exists. Slaughter v. Louisiana State Employees

Retirement System, 2019- 0977 ( La. App. 1' t Cir. 6/ 1/ 20), 305 So. 3d 358, 362.

Louisiana Code of Civil Procedure article 1915( A) identifies those partial

final judgments that are appealable as a matter of right. See Triton Diving Services

LLC v. Offshore Marine Service Association, Inc., 2023- 0169 ( La. App. Is' Cir.

9/ 21/ 23), 372 So. 3d 832, • The September 5, 2023 •• granting M

portion of the relief prayed for by Mr. Long does not fall within one of tfa

categories enumerated in Article 1915( A). Therefore, the judgment is only

judgment " shall not constitute a final judgment unless it is designated as a final

judgment by the court after an express determination that there is no just reason for

delay." Matter of Succession of Scott, 2023- 0826 ( La. App. I" Cir. 3/ 20/ 24), 387

9 011 gw 241BIG I#I II
AlA WAEA

In the absence of such a determination by the district court, and considering

that certain claims remain before the district court in this matter, we conclude the

September 5, 2023 judgment does not constitute a final judgment for the purpose

of an immediate appeal. Accordingly, the district court may revise it at any time

prior to rendition of the judgment adjudicating all the claims and the rights anl,
liabilities of all the parties. See La. C. C. P. art. 1915( B)( 2).

F.

401MOTAJR " I

For the above andforegoing reasons, this appeal is dismissed. All costs of

this appeal are assessed against the defendant/ appellant, Patriot Construction

Services, L.L.C.

5