Legal Opinion

Abs Servs., Inc. v. James Constr. Grp.

Louisiana Court of Appeal

Decided December 21, 2018No. NUMBER 2016 CA 0705; NUMBER 2016 CA 0706Published

1Dissent · CrainCrain, J.

I dissent because this court does not have appellate jurisdiction to consider the merits of this appeal. The judgment before us contains an indefinite award of "reasonable attorney's fees," which renders the entire judgment non-appealable. Advanced Leveling & Concrete Solutions v. The Lathan Co., Inc., 17-1250 (La. App. 1 Cir. 12/20/18), 268 So.3d 1044, ---- (en banc ). Certification pursuant to Louisiana Code of Civil Procedure article 1915 does not cure the defect in the judgment, as this would allow the trial court the authority to do what this court has determined it cannot - disregard…

Also in this document: Dissent · Penzato.

2Cases cited11 opinions

  1. Moresi v. State, Dept. of Wildlife & FisheriesSupreme Court of Louisiana · 1990
  2. Boudreaux v. STATE, DOTDSupreme Court of Louisiana · 2002
  3. Laird v. St. Tammany Parish Safe HarborLouisiana Court of Appeal · 2002
  4. Wegener v. Lafayette Insurance Co.Supreme Court of Louisiana · 2011
  5. Gaten v. Tangipahoa Parish School SystemLouisiana Court of Appeal · 2012

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