Derouen v. Quintana Petroleum

I respectfully dissent. I disagree with the majority’s decision to allow the substitution of a defendant’s name in a final judgment by motion to amend.

LSA-C.C.P. art. 1951, states:

A final judgment may be amended by the trial court at any time, with or without notice, on its own motion or on motion of any party:(1) To alter the phraselogy [sic] of the judgment, but not the substance; or(2) To correct errors in calculation.

It is well settled in the jurisprudence that the changing of the name of a party cast in judgment is a change of substance and not phraseology. See Mitchell v. Zeringue, 497…