Sandra Fruge Bazinet v. Standard National Life Ins. Co.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

06-830

SANDRA FRUGE BAZINET
VERSUS
STANDARD NATIONAL LIFE INSURANCE

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APPEAL FROM THE
OFFICE OF WORKERS’ COMPENSATION, DISTRICT 02
PARISH OF RAPIDES, NO. 03-9250
HONORABLE JASON GERARD OURSO, DISTRICT JUDGE

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ULYSSES GENE THIBODEAUX
CHIEF JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and
Glenn B. Gremillion, Judges.

APPEAL DISMISSED.

Adam Gerard Caswell
Attorney at Law
Post Office Box 1600
Eunice, LA 70535
(337) 457-7378
COUNSEL FOR PLAINTIFF/APPELLEE:
Sandra Fruge Baziet

Thomas Benjamin Delsa, Esq.
Rabalais, Unland & Lorio
5100 Village Walk - Suite 300
Covington, LA 70433
(985) 893-9900
COUNSEL FOR DEFENDANT/APPELLANT:
Standard National Life Ins. Co.

THIBODEAUX, Chief Judge.

This court issued, sua sponte, a rule ordering the defendant-appellant,

Standard National Life Insurance, to show cause, by brief only, why its appeal

in this matter should not be dismissed as having been taken from a non-

appealable, interlocutory order. On July 21, 2006, this court received Standard

National’s response to the rule. For the reasons given herein, we hereby

dismiss the appeal.

On March 6, 2006, the trial court held a hearing in this matter at which

Standard National moved that, because no evidence showed fault on its part

warranting penalties and attorney fees, those claims should be dismissed. The

trial court granted the motion. The trial court did not issue any written

judgment.

The plaintiff then filed a motion to reconsider; that motion is construed

by this court as a motion for new trial. On April 10, 2006, the trial court signed

a judgment granting the plaintiff’s motion for reconsideration of its dismissal

of the claims for penalties and attorney fees in this workers’ compensation

matter. The judgment was signed on April 12, 2006.

On April 19, 2006, Standard National filed a Motion for Suspensive

Appeal from the April 12 judgment. The trial court signed an order granting

the Motion for Suspensive Appeal on April 28, 2006.

The record in this appeal was lodged with this court on June 29, 2006.

This court issued the rule to show cause under consideration herein on this

same date. Standard National filed a brief in this court on July 21, 2006.

Because the trial court ordered an amendment to the plaintiff’s petition,

the judgment challenged here by the defendant is not final, but rather is an

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interlocutory judgment. La.Code Civ.P. art. 1841. Under La.Code Civ.P. art.

2083, as amended effective January 1, 2006, interlocutory judgments are

appealable only when expressly provided by law. Standard National has not

asserted and has not shown that any law expressly provides for the appeal of

the trial court’s interlocutory judgment.

Accordingly, we dismiss Standard National’s appeal of the judgment

dated April 12, 2006 granting the plaintiff’s motion to reconsider at Standard

National’s cost.

APPEAL DISMISSED.

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