Robert Neill Aguiluz v. Susan Crumholt Aguiluz ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ROBERT NEILL AGUILUZ NO. 2023 CW 0704
VERSUS
SUSAN CRUMHOLT AGUILUZ SEPTEMBER 25, 2023
In Re: Robert Neill Aguiluz, applying for supervisory writs,
Family Court in and for the Parish of East Baton
Rouge, No. 221919.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The
portion of the trial court's April 10, 2023 judgment which denied
the " Motion for Ex Parte Order Requiring the Preparation And
Submission of a Final Judgment" filed by the plaintiff, Robert
Neill Aguiluz (" Robert"), is reversed. A judgment that determines
the merits in whole or in part is a final judgment, La. Code Civ.
P. art. 1841, and a final judgment is appealable in all causes in
which appeals are given by law. La. Code Civ. P. art. 2083(A). A
valid judgment must be " precise, definite, and certain." See Laird
v. St. Tammany Parish Safe Harbor, 2002-0045 ( La. App. 1st Cir.
12/20/02), 836 So.2d 364, 365. Moreover, a final appealable
judgment must contain decretal language. Advanced Leveling &
Concrete Solutions v. Lathan Co., Inc., 2017-1250 ( La. App. 1st
Cir. 12/20/18), 268 So.3d 1044, 1046. In this regard, a final
judgment in accordance with Article 1841 shall be identified as
such by appropriate language; shall be signed and dated; and shall,
in its decree, identify the name of the party in whose favor the
relief is awarded, the name of the party against whom the relief is
awarded, and the relief that is awarded. La. Code Civ. P. art.
1918(A). Although the parties do not dispute that all issues have
been resolved, the trial court's March 30, 2022 judgment, which
ordered Robert and defendant, Susan Crumholt Aguiluz (" Susan"), to
divide the LASERS and deferred compensation accounts by domestic
relations order and further ordered Susan to prepare said domestic
relations order among other relief, is not a valid final and
appealable judgment. See Ennis v. McManus, 2019-0167 ( La. App. 1st
Cir. 9/27/19), 2019 WL 4729645, * 2( unpublished) ( citing La. R.S.
9: 2801 ( B)); see also Advanced Leveling & Concrete Solutions, 268
So.3d at 1046 ( the specific nature and amount of damages should be
determinable from a judgment so that a third person is able to
determine from a judgment the amount owed without reference to
other documents) . Accordingly, the " Motion for Ex Parte Order
Requiring the Preparation And Submission of a Final Judgment" is
granted. This matter is remanded to the trial court with
instructions to sign a final judgment that is precise, definite,
and certain and contains proper decretal language. In all other
respects, the writ is denied as moot.
JMG
WRC
WIL
COURT OF APPEAL, FIRST CIRCUIT
IA.s.J)
DEPUTY CLERK OF COURT
FOR THE COURT