Kathia Beckendorf Simmons Richardson VS Marti Tessier
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2007 CA 0374 KATHIA BECKENDORF SIMMONS RICHARDSON VERSUS MARTI TESSIER Judgment Rendered Appealed from November 2 2007 the 22nd Judicial District Court In and for the Parish of St Tammany Louisiana Case No 2003 12421 The Honorable Jacques F Covington Raymond Bezou S Childress Judge Presiding Counsel for Plaintiff Appellee Louisiana Kathia Beckendorf Simmons Richardson Marti Tessier Counsel for Defendant Mandeville Louisiana Marti Tessier BEFORE f11 rJoni Appellant GAIDRY MCDONALD AND MCCLENDON JJ wJ 1r 1J 1lli7NJ GAIDRY J In this taken judgment appealed from remand this the defendant case appeals a by defendant absolutely is not matter final a judgment declaring null Because appealable judgment we the default a judgment dismiss the appeal and for further proceedings DISCUSSION Plaintiff Kathia Beckendorf Simmons Richardson filed 21 2003 May seeking former attorney to reconventional demand for the on Tessier grounds that s against Mrs Richardson seeking rendered aside the default judgment setting Mrs Richardson as an absolute reconventional demand for damages but the court s has was reasons fees for her was request filed on an a open matter for hearing No mention was made issue would be tried at by a brought an It is unclear why May 26 2006 and the judgment or taken not s later date the trial claim for damages arising The court will set the damages motion of the sustained and plaintiff the court at the time of the trial that the the need to against mention the Mrs Richardson action for the matter upon Mrs Richardson did damages arising from the fraud mentioning on claim to determine applicable in the above held judgment contains the following from the confinnation of default cited without 776 00 The judgment does unpaid legal written plaintiff trial nullity regarding the damages The her a on unpaid legal fees a statement judgment Tessier acts After several continuances comi the petition also includes fraudulent s petition judgment taken against her by Mrs Richardson from damages arising account default a Marti Tessier procured through fraud for nullify a put court at on the trial testify briefly about and she rested her any additional evidence on included this in his written 2 damages case that issue reasons for judgment Furthermore Intent to File although the trial Emergency Writ by stating that the and judgment had been rendered he failed to or find that there is 1915 B certified Ins just reason for delay designate as had been concluded the judgment required by as final La C C P art I judgment adjudicates fewer than all the claims and was not final as Co avoid no case Notice of s l Since this 1915 B denied Tessier court by the it is not 01 2061 an La to Costs of this the trial appeal APPEAL are accordance with La C CP appealable final judgment Boudreaux App piecemeal litigation remanded trial court in 1 Cir this cOUli for 02 835 So 2d 681 appeal is dismissed an to be borne DISMISSED 16 10 adjudication by and of the v art Audubon In order to this matter remaining is Issues defendant Marti Tessier REMANDED FOR FURTHER PROCEEDINGS 1 Louisiana Code of Civil Procedure article 1562 A and which allows for separate trials on the issues of damages if consented to by all parties and ordered by the court prior to trial is inapplicable in this case Although separate trials could have been ordererd in Ms Richardson s action for damages on the liability issue and the damages issue this was not done liability 3 STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 0374 KATHIA BECKENDORF SIMMONS RICHARDSON VERSUS MARTI TESSIER McCLENDON J Noting agree concurs that there with the was no consent by the parties to a bifurcation majority that the judgment appealed from is appealable judgment would have assigns reasons and See LSA C C P equally assessed Accordingly I costs respectfully for this concur arts 1562 and appeal 1915 not a I final Further I
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