2025 CW 1264 Nonprecedential Stay denied; writ denied Processed

Brenda Maslinski v. Pathway South, LLC

Louisiana Court of Appeal, First Circuit · Filed December 11, 2025

Authorities cited

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  • 297 So. 3d 110 not in our corpus

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

BRENDA MASLINSKI NO. 2025 CW 1264
VERSUS
PATHWAY MANAGEMENT, INC., DECEMBER 11, 2025

PROVIDENCE CARE, L.L.C., AND
DARLA RODGERS

In Re: Clark Bergeron, Dawn Bergeron Walden, Kerwin Schultze,
Jc., and Gwendolyn Pontiff, applying for supervisory
writs, 32nd Judicial District Court, Parish of
Terrebonne, No. 191169.

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

STAY DENIED; WRIT DENIED. For a judgment to be a final
judgment, it must contain appropriate decretal language,
identifying 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. Succession of Simms, 2019-0936
(La. App. list Cir. 2/21/20), 297 So.3d 110, 115. The district
court’s December 5, 2025 judgment granted motions to dismiss
plaintiffs, Clark Bergeron, Dawn Bergeron Walden, Kerwin Schultze,
Jr. and Gwendolyn Pontiff, but failed to specify the relief
awarded, specifically dismissing the claims of those plaintiffs.
Accordingly, once a judgment with proper decretal language is
signed, it will constitute a final, appealable judgment, subject
to the parties’ rights of suspensive and/or devolutive appeal.
Moreover, we note that an order of appeal is premature if granted
before the court disposes of all timely filed motions for new
trial. See La. Code Civ. P. art. 2087(D).

MRT
AHP
KEB

COURT OF APPEAL, FIRST CIRCUIT

(\ ONO. SS. \A LS

DEPUTY CLERK OF COURT
FOR THE COURT