Fulcrum Enterprises, LLC Versus St. John the Baptist Parish School Board ( 2023 )

FULCRUM ENTERPRISES, LLC NO. 23-C-71
VERSUS FIFTH CIRCUIT
ST. JOHN THE BAPTIST PARISH COURT OF APPEAL
SCHOOL BOARD, ET. AL.
STATE OF LOUISIANA
February 28, 2023
Linda Wiseman
First Deputy Clerk
IN RE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF
ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE VERCELL FIFFIE,
DIVISION "A", NUMBER C-77965
Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Robert A. Chaisson
WRIT GRANTED FOR LIMITED PURPOSE
Relator, St. John the Baptist Parish School Board, seeks supervisory review
of a December 12, 2022 judgment of the trial court granting a Writ of Mandamus
filed by plaintiff, Fulcrum Enterprises, LLC (“Fulcrum”), and ordering relator to
pay plaintiff $2,457,480.37 plus “reasonable attorney’s fees.” In its writ
application, relator indicates that it has also filed a Notice of Suspensive Appeal
with the trial court seeking appellate review of this same judgment.
The December 12, 2022 judgment appears to award Fulcrum all of the relief
requested in its initial Petition for Breach of Contract, including an award of
attorney’s fees, although that amount is left indeterminate at this time. 1 Thus, it
appears that this judgment purports to resolve all pending claims in this litigation
(other than the determination of the specific amount of attorney’s fees awarded),
and would constitute a final, appealable judgment in this matter.2
Furthermore, the December 12, 2022 judgment was rendered after a trial on
Fulcrum’s Petition for Writ of Mandamus at which evidence was purportedly
introduced into the record and considered by the trial court. Neither a transcript of
this trial, nor minutes indicating what evidence was admitted and/or if any
witnesses were heard, has been attached to this writ application. Without these
1
The amount of the award in the December 12, 2022 judgment is actually $258,169.47 more than the amount
requested by Fulcrum in its initial Petition for Breach of Contract.
2
It appears from documents attached to this writ application that the trial court has made this same assessment of the
procedural posture of this case. Despite an apparently contradictory Order dated January 18, 2023, which granted
relator’s Motion to Extend Return date within which to file an application for supervisory writ, on the same date the
trial court issued an Order denying relator’s Notice of Intent to Seek Supervisory Writ, noting that the Notice was
“Denied as to supervisory writ. Judgment was final and appealable.”
23-C-71
documents, it is not possible, even if this Court were so inclined, to address the
complex issues involved, or review the appropriateness of a substantial monetary
judgment against relator, by way of this writ application.
Given the procedural posture of this case, we decline to exercise our
supervisory jurisdiction to review the judgment in question. Relator’s remedy is to
seek review of this judgment by appeal, which, as previously indicated, relator has
indicated it is in the process to perfecting, thus affording this Court the benefit of
the full record of this matter.
However, we do note that an otherwise final judgment that awards attorney’s
fees, but does not specify the amount of fees awarded, and is not certified as a final
judgment pursuant to La. C.C.P. art. 1915(B), is not a final, appealable judgment.
See Ford Motor Credit Co., LLC v. Davis, 20-271 (La. App. 5 Cir. 10/13/21), 329
So.3d 1047, 1051, writ not considered, 21-1739 (La. 1/26/22), 331 So.3d 926;
Advanced Leveling & Concrete Sols. v. Lathan Co., Inc., 17-1250 (La. App. 1 Cir.
12/20/18), 268 So.3d 1044, 1046–47. Because the amount of attorney’s fees in the
December 12, 2022 judgment is unspecified, the judgment appears to be only
partially final.
Accordingly, we grant this writ application for the limited purpose of
instructing the trial court to either render a judgment on the specified dollar amount
of attorney’s fees awarded to Fulcrum, or to make a complete and proper
determination pursuant to La. C.C.P. art. 1915(B) that the judgment is final and
there is no just reason for delay. In all other respects, this writ application is
denied.
Gretna, Louisiana, this 28th day of February, 2023.
RAC
SMC
MEJ
2
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON LINDA M. WISEMAN
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
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23-C-71
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Andrew F. Barr (Relator)
Charles L. Rice, Jr. (Respondent)
MAILED
Alejandro R. Perkins (Relator)
Evan M. Alvarez (Relator)
Attorney at Law
2431 South Acadian Thruway
Suite 600
Baton Rouge, LA 70808
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