Legal Opinion · Dissent

English Turn Property Owner's Ass'n v. Contogouris

Louisiana Court of Appeal

Decided October 18, 2017No. 2016-CA-1284Published

1DissentJenkins, J.

^Because the decretal language in the trial court’s money judgment does not give the name of the party in whose favor the judgment is rendered, and the name of the party cast in judgment, I would find that this court lacks appellate jurisdiction to review this judgment.

Before considering the merits of any appeal, appellate courts have the duty to determine, sua sponte, whether subject matter jurisdiction exists, even when the parties do not raise the issue. Urquhart v. Spencer, 15-1354, p. 3 (La. App. 4 Cir. 12/1/16), 204 So.3d 1074, 1077. This court cannot determine the merits of this appeal…

2Cases cited7 opinions

  1. Urquhart v. SpencerLouisiana Court of Appeal · 2016
  2. Jones v. Government Employees Insurance Co.Louisiana Court of Appeal · 2017
  3. Morris, Lee & Bayle, LLC v. MacquetLouisiana Court of Appeal · 2016
  4. Freeman v. Phillips 66 Co.Louisiana Court of Appeal · 2016
  5. Borg-Warner A. Corp. v. Whitlow Tr. Ctr.Louisiana Court of Appeal · 1987

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