WILMER CONTRERAS, ANA SAUCEDA, CARLOS MORAN, JACKY OSWELD, JULIO VIDAL, ELENA VIDAL AND FRANKLIN FLORES VERSUS HANNAH VESPER, MENDAKOTA INSURANCE COMPANY AND OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY

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WILMER CONTRERAS, ANA SAUCEDA, CARLOS MORAN, JACKY OSWELD, JULIO VIDAL, ELENA VIDAL AND FRANKLIN FLORES NO. 16-CA-318 FIFTH CIRCUIT COURT OF APPEAL VERSUS STATE OF LOUISIANA HANNAH VESPER, MENDAKOTA INSURANCE COMPANY AND OLD AMERICAN COUNTY MUTUAL FIRE INSURANCE COMPANY ON APPEAL FROM THE FIRST PARISH COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 156-918, DIVISION "A" HONORABLE REBECCA M. OLIVIER, JUDGE PRESIDING October 19, 2016 MARC E. JOHNSON JUDGE Panel composed of Marc E. Johnson, Robert M. Murphy, and Hans J. Liljeberg APPEAL DISMISSED; MATTER REMANDED MEJ RMM HJL COUNSEL FOR PLAINTIFF/APPELLANT, WILMER CONTRERAS, ANA SAUCEDA, CARLOS MORAN, JACKY OSWELD, JULIO VIDAL, ELENA VIDAL AND FRANKLIN FLORES Ivan A. Orihuela COUNSEL FOR DEFENDANT/APPELLEE, MENDAKOTA INSURANCE COMPANY R. Todd Musgrave Amanda H. Aucoin Lindsey M. Devereux JOHNSON, J. In this automobile tort case, Plaintiffs appeal the granting of Defendant, Mendakota Insurance Company’s, summary judgment. For the following reasons, we dismiss the appeal. FACTS & PROCEDURAL HISTORY1 Plaintiffs, Wilmer Contreras, Ana Sauceda, Carlos Moran, Jacky Osweld, Julio Vidal, Elena Vidal and Franklin Flores, filed suit on March 1, 2015 for damages allegedly sustained in an automobile accident that occurred on March 1, 2014. They named as defendants Hannah Vesper; her automobile liability insurer, Mendakota Insurance Company (“Mendakota”); and Old American County Mutual Fire Insurance Company (“Old American”) as the uninsured/underinsured motorist carrier. On December 14, 2015, Mendakota filed a motion for summary judgment seeking dismissal of Plaintiffs’ claims against it on the basis there was no valid automobile liability policy in effect on the date of the accident. Specifically, Mendakota maintained that Ms. Vesper’s insurance policy was canceled two months prior to the accident based on her failure to renew the policy by paying the required premium. After a hearing, the trial court granted Mendakota’s motion for summary judgment. The day after the hearing, the trial court signed a judgment stating, “IT IS ORDERED, ADJUDGED AND DECREED that the Defendant, Mendakota Insurance Company’s Motion for Summary Judgment is GRANTED.” Plaintiffs seek review of this judgment, claiming the trial court erred in granting summary judgment because Defendant failed to properly cancel the relevant insurance policy. 1 This appeal contains a designated record and, therefore, this Court is limited in its knowledge of the procedural history of the case. 16-CA-318 1 JURISDICTION We find we cannot reach the merits of this appeal because the judgment at issue lacks the necessary decretal language to render it a final and appealable judgment. “A judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled.” La. C.C.P. art. 1841. This court cannot determine the merits of an appeal unless our jurisdiction is properly invoked by a valid final judgment. Babin v. State Farm Mutual Auto. Ins. Co., 11192 (La. App. 5 Cir. 9/27/11); 76 So.3d 100, 102. “A final judgment shall be identified as such by appropriate language.” La. C.C.P. art. 1918. A valid judgment must be precise, definite and certain. The decree alone indicates the decision. The result decreed must be spelled out in lucid, unmistakable language. The quality of definiteness is essential to a proper judgment. Babin, supra. A final appealable judgment must contain decretal language that names the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied. Id. The specific relief granted should be determinable from the language of a judgment without reference to any other documents in the record. Id. We find that the judgment at issue is defective in that it does not indicate what relief is granted. Rather, one must refer to the motion for summary judgment and assume that the relief granted by the judgment is that prayed for in the motion, i.e., the dismissal with prejudice of all of Plaintiffs’ claims against Mendakota. As stated earlier, a judgment cannot require reference to extrinsic documents or pleadings in order to discern the court’s ruling. 16-CA-318 2 The jurisprudence is clear that a judgment simply stating that a defendant’s motion for summary judgment “is granted,” is defective and cannot be considered a final judgment. See Holland v. Holland, 16-117 (La. App. 3 Cir. 4/6/16); 188 So.3d 484; Tomlinson v. Landmark American Ins. Co., 15-276 (La. App. 4 Cir. 3/23/16); 192 So.3d 153; Gaten v. Tangipahoa Parish School System, 11-1133 (La. App. 1 Cir. 3/23/12); 91 So.3d 1073, 1074. In the absence of a final judgment, this court lacks appellate jurisdiction to review the matter. DECREE Accordingly, we dismiss this appeal without prejudice for lack of jurisdiction after finding the judgment at issue does not constitute a valid, final judgment because it lacks the required decretal language. We remand this matter for further proceedings consistent with this opinion. Costs of this appeal are to be shared equally between Plaintiffs and Mendakota. APPEAL DISMISSED; MATTER REMANDED 16-CA-318 3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LILJEBERG CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIFTH CIRCUIT 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY OCTOBER 19, 2016 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 16-CA-318 E-NOTIFIED FIRST PARISH COURT (CLERK) HONORABLE REBECCA M. OLIVIER (DISTRICT JUDGE) R. TODD MUSGRAVE (APPELLEE) MAILED AMANDA H. AUCOIN (APPELLEE) LINDSEY M. DEVEREUX (APPELLEE) ATTORNEYS AT LAW 1515 POYDRAS STREET SUITE 2380 NEW ORLEANS, LA 70112 IVAN A. ORIHUELA (APPELLANT) ATTORNEY AT LAW 3213 FLORIDA AVENUE SUITE C KENNER, LA 70065 M. RANDALL BROWN (APPELLEE) CAMERON M. MARY (APPELLEE) ATTORNEYS AT LAW 4021 DESOTO STREET MANDEVILLE, LA 70471

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