John J. Favaloro v. Melissa Lynn Favaloro ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JOHN J. FAVALORO NO. 2020 CW 0101
VERSUS
MELISSA LYNN FAVALORO LULU
In Re: Melissa Lynn Favaloro, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2016- 14514.
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
STAY DENIED; WRIT DENIED. While judgment
a
imposing
sanctions for contempt is final and appealable, the portion of
the trial court' s January 16, 2020 judgment granting the motion
for contempt filed by John J. Favaloro finding Melissa Lynn
Favaloro in contempt of court and ordering sanctions included an
award of
attorney' s fees without specifying the amount thereof.
As a result, that judgment is not yet final and appealable. See
Advanced Leveling & Concrete Solutions, 2017- 1250 ( La. App. 1st
Cir. 12/ 20/ 18), 268 So. 3d 1044, 1046 ( en banc). Once a judgment
containing proper decretal language is signed, the portion of
the judgment finding Melissa Lynn Favaloro in contempt and
imposing sanctions upon her will be final and appealable, and
she can seek an appeal therefrom.
Capital City Press, LLC See
v.
Louisiana State University System Board of Supervisors, 2013-
1994 ( La. 8/ 28/ 13), 120 So. 3d 250 (" Insofar as relator is
aggrieved by the August 14, 2013 judgment imposing sanctions for
contempt, it has an adequate remedy by suspensive appeal."),
citing La. Code Civ. P. art. 1915( A)( 6).
TMH
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
D44TI CLERK OF COURT
FOR THE COURT