Opinion
NO. 2012 CA 1214
03-22-2013
ALVIN ANDERSON v. NILES B. HAYMER
Lori D. Brown Baton Rouge, Louisiana and Natashia Carter Benoit Port Allen, Louisiana Attorneys for Plaintiff/Appellant, Alvin Anderson Martin E. Golden Connell L. Archey Keith J. Fernandez Baton Rouge, Louisiana Attorneys for Defendant/Appellee, Niles B. Haymer
NOT DESIGNATED FOR PUBLICATION
On Appeal from the
19th Judicial District Court,
In and for the Parish of East Baton Rouge,
State of Louisiana
Trial Court No. C575,924
The Honorable Kay Bates, Judge Presiding
Lori D. Brown
Baton Rouge, Louisiana
and
Natashia Carter Benoit
Port Allen, Louisiana
Attorneys for Plaintiff/Appellant,
Alvin Anderson
Martin E. Golden
Connell L. Archey
Keith J. Fernandez
Baton Rouge, Louisiana
Attorneys for Defendant/Appellee,
Niles B. Haymer
BEFORE: GUIDRY, CRAIN, AND THERIOT, JJ. CRAIN , J.
This is an appeal of a judgment dismissing this legal malpractice suit filed by Alvin Anderson, who is now deceased, for failure of Anderson's legal successor to appear. The appellate record reflects that after the trial court signed the judgment on February 28, 2012, a motion for new trial was filed on March 6, 2012, then a motion for appeal was filed on April 26, 2012, and the order of appeal was signed on April 27, 2012. The appellate record does not contain a ruling on the motion for new trial. Louisiana Code of Civil Procedure article 2123C provides, in relevant part, that "[a]n order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgments notwithstanding the verdict." See also, La. Code Civ. Pro. art. 2087D; Tyson v. LeBlanc, 11-1021 (La. App. 1 Cir. 5/2/12), 92 So. 3d 1033, 1034.
Because the appellate record contains no ruling on the motion for new trial, we dismiss this appeal as premature. This matter is remanded for further proceedings in accordance with this ruling.
APPEAL DISMISSED, CASE REMANDED.