Delta Staff Leasing, LLC v. South Coast Solar, LLC
Delta Staff Leasing, LLC v. South Coast Solar, LLC, 176 So. 3d 668 (La. Ct. App. 1st Cir. 2015).
Cited by
- Floyd Safford v. New Orleans Fire Department La. Ct. App. 4th Cir. 2024
- Darleen M. Jacobs (A Professional Law Corporation) v. Lorraine Metzler-Brenckle, M.D. La. Ct. App. 4th Cir. 2021
- Corey David Treas v. Chantal Elizabeth Koerner La. Ct. App. 4th Cir. 2019
- Bayer v. Starr International Corp. 226 So. 3d 514 La. Ct. App. 1st Cir. 2017
- Crescent City Cabinets & Flooring, L.L.C. v. Grace Tama Development Co. 203 So. 3d 408 La. Ct. App. 1st Cir. 2016
- Johno v. Doe 198 So. 3d 1216 La. Ct. App. 1st Cir. 2016
- Delta Staff Leasing, LLC v. South Coast Solar, LLC 194 So. 3d 745 La. Ct. App. 1st Cir. 2016
- Yokum v. Pat O'Briens Bar, Inc. 190 So. 3d 352 La. Ct. App. 1st Cir. 2016
- Smith v. State, Department of Transportation & Development 186 So. 3d 1180 La. Ct. App. 1st Cir. 2016
- Tsegaye v. City of New Orleans 183 So. 3d 705 La. Ct. App. 1st Cir. 2015
- Baker Ready Mix, LLC v. Crown Roofing Services, Inc. 183 So. 3d 622 La. Ct. App. 1st Cir. 2015
- M.R. Pittman Group, L.L.C. v. Plaquemines Parish Government 182 So. 3d 312 La. Ct. App. 1st Cir. 2015
Authorities cited
Identified automatically; this list may not be exhaustive.
- Board of Supervisors v. Mid City Holdings, L.L.C. 151 So. 3d 908
- Palumbo v. Shapiro 81 So. 3d 923
- Input/Output Marine Systems, Inc. v. Wilson Greatbatch, Technologies, Inc. 52 So. 3d 909
Opinion text
DANIEL L. DYSART, Judge. 11 This Court issued, sua sponte, a rule ordering appellant/third-party plaintiff, CM Design, L.L.C. (“CM Design”), to show cause why the appeal in this case should not be dismissed as the judgment from which it appealed lacks the proper decretal language. 1 La.Code Civ. Proc. art. 1918. “A final appealable judgment must 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 granted or denied.” Bd. of Supervisors of La. State Univ. and Agric. and Mech. Coll. v. Mid City Holdings, L.L.C., 14-0506, pp. 2-3 (La.App. 4 Cir. 10/15/14), 151 So.3d 908, 910 , quoting Palumbo v. Shapiro, 11-0769, p. 5 (La.App. 4 Cir. 12/14/11), 81 So.3d 923, 927 . This Court cannot determine the merits of an appeal until our jurisdiction is properly invoked by a valid final judgment. See Input/Output Marine Sys., Inc. v. Wilson Greatbatch, Technologies, Inc., 10-477, p. 12 (La.App. 5 Cir. 10/29/10), 52 So.3d 909, 915 . In response, CM Design filed I pan Unopposed Motion to Remand to allow the trial court to correct/amend the judgment. As this Court lacks jurisdiction to consider the merits of the appeal in the absence of a final appealable judgment, we dismiss the appeal, without prejudice, and remand the matter for further proceedings. Once a valid final judgment is signed, a new appeal may be filed with this Court. APPEAL DISMISSED, WITHOUT PREJUDICE; REMANDED . The subject judgment contains the standard language, i.e., date, parties present, and the following: IT IS ORDERED, ADJUDGED AND DECREED, that there be judgment herein in favor of the defendant.