Jerry Kathleen Ballard and James R. Ballard v. State Farm Mutual Automobile Insurance Company and Leslie R. Vincent a/k/a Leslie Vincent Daigle ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JERRY KATHLEEN BALLARD AND NO. 2019 CW 1210
JAMES R. BALLARD
VERSUS
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY AND LESLIE
R. VINCENT A/ K/ A LESLIE
JAN 0 6 2020
VINCENT DAIGLE
In Re. Jerry Kathleen Ballard and James R. Ballard, applying
for supervisory writs, 22nd Judicial District Court,
Parish of St. Tammany, No. 2018- 13848.
BEFORE: WHIPPLE, C. J., GUIDRY AND PENZATQ, JJ.
WRIT DENIED. When a judgment dismisses all claims against
a party, it is a final judgment that is immediately appealable
under La. Code Civ. P. art. 1915( A)( 1) and ( A)( 3). Appellate
courts do not generally review appealable judgments under their
supervisory jurisdiction. See In re Howard, 541 So. 2d 195, 196-
97 ( La. 1989) ( per curiam). However, a valid judgment must be
precise, definite, and certain." 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, and it must name the party in favor of whom
the ruling is ordered, the party against whom the is
ruling
ordered, and the relief that is granted or denied. See Carter
V. Williamson Eye Center, 2001- 2016 ( La. App. 1st Cir.
11/ 27/ 02), 837 So. 2d 43, 44. These determinations should be
evident from the language of a judgment without reference to
other documents in the record, such as pleadings and reasons for
judgment. Laird, 836 So. 2d at 366. Accordingly herein, once a
judgment with appropriate decretal language, and not referring
to an extrinsic pleading, is issued by the district court, such
a ruling will represent a final, appealable judgment.
VGW
JMG
AHP
COURT OF APPEAL, FIRST CIRCUIT
r
DEPUTY LERK OF COURT
FOR THE COURT