A & a Construction, LLC v. Edward Donovan Gutierrez

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 10-1529 consolidated with CA 10-1528

A & A CONSTRUCTION, LLC

VERSUS

EDWARD DONOVAN GUTIERREZ

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. 2009-2962 C/W 2009-1819
HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE

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SHANNON J. GREMILLION
JUDGE

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Court composed of Oswald A. Decuir, James T. Genovese, and Shannon J.
Gremillion, Judges.

REMANDED.

B. Gerald Weeks
The Weeks Law Firm
1150 Expressway Drive, Suite 205
Pineville, LA 71360
(318) 442-3045
Counsel for Plaintiff/Appellant:
Edward D. Gutierrez

Cade Evans
Megan E. Donohue
John William Kolwe
Jones, Walker, Waechter, Poitevant, Carrère & Denègre, LLP
P. O. Drawer 3408
Lafayette, LA 70502-3408
(337) 262-9000
Counsel for Defendants/Appellees:
David M. Baldridge
Alexis R. Baldridge

GREMILLION, Judge.

In this consolidated matter, plaintiff/appellee, A&A Construction, LLC, filed

suit against defendant/appellant, Edward D. Gutierrez, alleging that it is the creditor

of Gutierrez and mortgagee of a collateral mortgage securing Gutierrez’s debt. The

suit further alleges that Gutierrez is in arrears on that debt and owes A&A

$180,000.00 at seven percent interest. The suit seeks foreclosure through ordinary

process and recovery of reasonable attorney fees.

In the consolidated matter, Edward D. Gutierrez v. David M. Baldridge, 10-

1528 (La.App. 3 Cir. __/__/11), ___ So.3d ___, the trial court granted summary

judgment in favor of Baldridge. We affirmed. Id. In the present matter, however, no

judgment has been rendered by the trial court. “Appeal is the exercise of the right of

a party to have a judgment of a trial court revised, modified, set aside, or reversed by

an appellate court.” La.Code Civ.P. art. 2082. Because no judgment has been

rendered from which an appeal has been taken, we remand the matter to the trial court

for further proceedings.

REMANDED.