In December 2018, the Louisiana First Circuit issued an opinion addressing the finality of judgments for appellate purposes in Advanced Leveling & Concrete Solutions v. The Lathan Co., Inc. In the case, the trial court judgment awarded, among other things, “reasonable attorney’s fees.” The First Circuit found that language to be an “indefinite award” rendering the entire judgment non-appealable. The appeal was dismissed for a lack of appellate jurisdiction.
Since that time, the First Circuit has cited to Advanced Leveling more than 30 times while addressing whether judgments are final as part of the overall question of appellate jurisdiction.
If the judgment you are appealing fails to contain the proper decretal language or certification your appeal can be dismissed. This will cost you and your client considerable time and money.
Plaisance Law’s attorneys, Mark D. Plaisance and Marcus J. Plaisance, are available to help you determine if your judgment is final. Let us put your best case forward while also ensuring the appeal is maintained. Call us today at 225-775-5297 or click here.
To read Advanced Leveling & Concrete Solutions v. The Lathan Co., Inc., click here.
