Antonio G. Rodriguez v. Integrity Contracting

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

06-766
Consolidated with 06-960 and 06-961

ANTONIO G. RODRIGUEZ

VERSUS

INTEGRITY CONTRACTING, ET AL.

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APPEAL FROM THE
OFFICE OF WORKER’S COMPENSATION
DISTRICT FOUR, NO. 04-01827,
HONORABLE SHARON MORROW, JUDGE

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OSWALD A. DECUIR
JUDGE

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Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Jimmie C. Peters,
Judges.

MOTION TO DISMISS APPEAL GRANTED.

Janice Barber
The Janice H. Barber Law Corporation
505 Loire Avenue, Suite A
Lafayette, LA 70507
(337) 896-5420
COUNSEL FOR PLAINTIFF/APPELLEE:
Antonio Rodriguez

Robert Martina
Gallow & Jeffcoat, L.L.P.
Post Office Box 61550
Lafayette, LA 70596
(337) 984-8020
COUNSEL FOR PLAINTIFF/APPELLEE:
Integrity Contracting

Deborah E. Lamb
Taylor, Porter, Brooks & Phillips
Post Office Box 2471
Baton Rouge, LA 70821
(225) 387-3221
COUNSEL FOR DEFENDANT/APPELLANT:
Louisiana Worker’s Compensation Corporation

Kirk Landry
Keogh, Cox & Wilson, Ltd.
Post Office Box 1151
Baton Rouge, LA 70821
(225) 383-3796
COUNSEL FOR DEFENDANT/APPELLEE:
Vaughan Roofing & Sheet Metal, Inc.

Sylvia Fordice
Louisiana Department of Justice
556 Jefferson Street, 4th floor
Lafayette, LA 70501
(337) 262-1700
COUNSEL FOR DEFENDANT/APPELLEE:
State of Louisiana

DECUIR, Judge.

The defendant-appellee, Vaughan Roofing and Sheet Metal, Inc., moves

to dismiss the appeal of the Louisiana Worker’s Compensation Corporation

because it was taken from a non-appealable judgment. For the reasons stated

below, we grant the appellee’s motion to dismiss the appeal.

This is a consolidated worker’s compensation case wherein Antonio

Garcia Rodriguez filed claims against his alleged employers, Integrity

Contracting; Vaughan Roofing and Sheet Metal, Inc.; and the State of

Louisiana, and against the Louisiana Worker’s Compensation Corporation

(LWCC). Vaughan Roofing filed a third-party demand for indemnification

against LWCC.

Trial was originally set for October 27, 2005. However, on October 28,

2005, the trial court issued a minute entry continuing trial and stating that trial

would be held separately on the insurance coverage issues and the remaining

issues. Following a severed trial consisting of the insurance coverage issues,

the worker’s compensation court issued a judgment finding that the LWCC

had an insurance policy covering Jason Stanton d/b/a Integrity Contracting on

the date of the claimant’s accident. The trial court signed the judgment on

February 7, 2006.

LWCC filed an appeal from this judgment on March 16, 2006. This

appeal was lodged with this court on June 13, 2006. The appellee’s motion

to dismiss appeal was filed on June 21, 2006.

We find the judgment appealed is not a judgment finding liability

between the parties in a bifurcated trial as authorized by La.Code Civ.P. art.

1562 nor is the judgment a partial final judgment provided for in La.Code

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Civ.P. art. 1915. Therefore, this judgment is not a final, appealable judgment

pursuant to La.Code Civ.P. art. 2083. Accordingly, we dismiss the appellant’s

appeal at appellant’s cost.

MOTION TO DISMISS APPEAL GRANTED.

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