No. 609 Precedential Processed

Williams v. Brown

Louisiana Court of Appeal, First Circuit · Filed July 5, 1962 · 142 So. 2d 865

Also decided on this docket: La. Ct. App. 1st Cir., March 5, 1930 126 So. 587; La., July 15, 1876 28 La. Ann. 789; La. Ct. App. 4th Cir., June 4, 1962 142 So. 2d 537

Cited by

Distinguished in 1

Charia v. Allstate Ins. Co. 635 So. 2d 370 La. Ct. App. 4th Cir. 1994
Fuller v. State, DOTD 615 So. 2d 494 La. Ct. App. 1st Cir. 1993
Magee v. Stacey 223 So. 2d 194 La. Ct. App. 1st Cir. 1969
Landry v. Minvielle 219 So. 2d 235 La. Ct. App. 1st Cir. 1968
Barnes v. Toye Brothers Yellow Cab Company 204 So. 2d 83 La. Ct. App. 4th Cir. 1967
Fountain v. AMERICAN EMPLOYERS'INSURANCE CO. 161 So. 2d 120 La. Ct. App. 3d Cir. 1964

Authorities cited

Identified automatically; this list may not be exhaustive.

Roe v. Caldwell 138 La. 652
Allen v. George E. Breece Lumber Co. 139 So. 73
Covey v. Marquette Casualty Company 84 So. 2d 217
West v. Green 122 So. 128

Opinion text

SAVOY, Judge. This appeal was taken on behalf of Collins Williams from a decision of the Ninth Judicial District Court which affirmed a ruling of the Louisiana Board of Review disqualifying the said Collins Williams from the receipt of unemployment compensation benefits. According to documents filed with this Court by counsel for intervenor in this proceeding, and the employer of Collins Williams, it is stated that Collins Williams died after the filing of the instant suit in the district court but prior to rendition of judgment by said court. Intervenor also filed a motion to dismiss the appeal on the grounds that there is no plaintiff before the court since no substitution of parties has been made by counsel for Collins Williams. We referred the motion to dismiss the appeal to the merits and heard the case on its merits. We shall first discuss the motion to dismiss the appeal for if said motion is valid, it will dispose of the case on this appeal. The motion to dismiss the appeal reveals that judgment in the instant case was rendered on December 7, 1961; that Collins Williams died on December 18, 1961, and the judgment was not signed until March 23, 1962. Counsel for plaintiff admits that plaintiff died on December 18, 1961. *866 A judgment of court for or against a deceased person is an absolute nullity. Edwards v. Whited, 29 La.Ann. 647 (1877); Roe v. Caldwell, 138 La. 652 , 70 So. 548 (1915) ; Allen v. George E. Breece Lumber Company (2 Cir., 1931), 19 La.App. 127 , 139 So. 73 ; Covey v. Marquette Casualty Company (Ct.App., Orl., 1955), 84 So.2d 217 . An order of appeal on behalf of a deceased person is null. West v. Green (2 Cir., 1929), 10 La.App. 707 , 122 So. 128 . In view of the above cited cases, this Court is of the opinion that the motion to dismiss is good, and accordingly, the appeal is dismissed at appellant’s costs. Appeal dismissed. On Application for Rehearing. En Banc. Rehearing denied.