Summary
In Gambino, the trial court issued an order after the subject judgments and orders of appeal were signed, designating the judgment as final under La. C.C.P. art. 1915(B).
Summary of this case from Ohle v. UhaltOpinion
No. 2020-OC-00312
06-03-2020
IN RE: INTERDICTION OF Eunice Lirette GAMBINO Calvin J. Gambino, Jr. and Cynthia A. Gambino, as Curator for Interdictee Eunice L. Gambino v. Calvin J. Gambino, Sr. and Brad Joseph Gambino
Writ application granted. See per curiam.
PER CURIAM
Neither La. Code Civ. P. art.1915(B) nor other provision of Louisiana law establishes a time delay for filing a motion to certify a judgment as final. Absent an expression of legislative will, Louisiana courts cannot impose a specific delay for filing a motion to certify a judgment as final for purposes of immediate appeal. Fraternal Order of Police v. City of New Orleans , 2002-1801 (La. 11/8/02), 831 So.2d 897, 899. Thus, a certification order issued after notice of appeal can cure jurisdictional defects in the appeal. See Roundtree v. New Orleans Aviation Bd. , 2004-0702 (La. App. 4 Cir. 2/4/05), 896 So.2d 1078, 1083 ; In re Succession of Grimmett , 31,975 (La. App. 2 Cir. 3/5/99), 738 So.2d 27, 31.
The district court's December 19, 2019 order, issued prior to the finality of the dismissal of the appeal, designated the January 9, 2019 judgment and October 4, 2019 judgments as final under La. Code Civ. P. art. 1915(B). The order cured any jurisdictional defects in the appeal.
Accordingly, the writ is granted. The judgment of the court of appeal dismissing the appeal is reversed. In the interest of justice and judicial economy, the court of appeal is directed to supplement the record with the district court's December 19, 2019 order and to consider relators’ appeal on the merits.
In his opposition filed in this court, respondent raised a peremptory exception of no right of action challenging relators’ procedural status. Because the merits are not currently before us, we express no opinion on respondent's exception, but reserve his right to raise the exception in the court of appeal pursuant to La. Code Civ. P. art. 2163.