Summary
The Louisiana First Circuit dismissed G.E.C., Inc.'s appeal from a trial court judgment reversing an earlier denial of class certification. The court held that the judgment was deficient because it neither certified nor denied class certification and was not sufficiently precise, definite, and certain to support appellate review. The court assessed appeal costs to G.E.C., Inc.
Holdings
- The judgment was deficient because it reversed the prior denial of class certification without actually certifying or denying certification of a class, leaving it unclear what relief the trial court granted. Because the judgment was not precise, definite, and certain, the appeal was dismissed.
- The court lacked authority to remand the judgment for amendment under article 1918 because that provision applies to final judgments, whereas the judgment at issue was interlocutory.
- Conversion of the appeal to an application for supervisory writ would have been futile because the trial court judgment did not actually certify a class.
Questions Presented
- Whether the October 28, 2024 judgment reversing the prior denial of class certification was sufficiently precise, definite, and certain to constitute an appealable judgment.
- Whether the court could remand the interlocutory judgment for amendment under Louisiana Code of Civil Procedure article 1918.
- Whether the appeal should be converted to an application for supervisory writ.
Disposition
dismissed
Cases Cited (7)
- Davis v. Jazz Casino Company, L.L.C., 2003-0276, 2003-1223 (La. 6/6/03), 849 So. 2d 497, 498(followed)
- Voice of Ex-Offender v. State, 2017-1141 (La. App. 1st Cir. 4/13/18), 249 So. 3d 857, 861 n. 2, writ denied, 2018-0945 (La. 10/29/18), 255 So. 3d 575(followed)
- Krielow v. Louisiana Department of Agriculture and Forestry, 2019-1696, 2019-1277 (La. App. 1st Cir. 12/30/20), 317 So. 3d 699, 704-06(distinguished)
- Russell v. Cantrelle, 2019-0284 (La. App. 1st Cir. 2/21/20), 2020 WL 859515, *2 n. 7(followed)
- Bond v. Louisiana Purchase Equestrian Estates LLC, 2019-0957 (La. App. 1st Cir. 2/21/20), 299 So. 3d 120, 124(followed)
- Theriot v. Thibodeaux, 2024-0734 (La. App. 1st Cir. 12/27/24), 403 So. 3d 1122, 1125(followed)
- Anderson v. City of New Orleans, 2016-1013 (La. App. 4th Cir. 6/14/17), 222 So. 3d 800, 804-06(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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