CANDACE GRAY VERSUS THE MARRERO LAND AND IMPROVEMENT ASSOCIATION LIMITED

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CANDACE GRAY NO. 14-CA-934 VERSUS FIFTH CIRCUIT THE MARRERO LAND AND IMPROVEMENT ASSOCIATION LIMITED COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 721-649, DIVISION "F" HONORABLE NIICHAEL P. MENTZ, JUDGE PRESIDING March 25,2015 COURT OF j\PFI':/\L ,-> r, t FI J-~ 'I ' I-I C" I ,'\. "-.,- \ ! 1 ',' -l. HANS J. LILJEBERG JUDGE Panel composed of Judges Jude G. Gravois, Robert M. Murphy, and Hans 1. Liljeberg JOELA. LEVY ATTORNEY AT LAW 7577 Westbank Expressway Marrero, Louisiana 70072 COUNSEL FOR PLAINTIFF/APPELLEE HARRY E. FORST ATTORNEY AT LAW 639 Loyola Avenue Suite 1830 New Orleans, Louisiana 70113 COUNSEL FOR PLAINTIFF/APPELLEE LAWRENCE B. FRIEMAN BRADLEY P. NACCARI ATTORNEYS AT LAW 330 North New Hampshire Street Covington, Louisiana 70433 COUNSEL FOR DEFENDANT/APPELLANT APPEAL DISMISSED; CASE REMANDED .j , I ,v1 rf\ Defendant, The Marrero Land and Improvement Association Limited ("Marrero Land"), seeks appellate review of the trial court's denial of its motion for summary judgment. Finding that the judgment before us is interlocutory and not appealable, we dismiss the appeal and grant Marrero Land 30 days from the rendition of this opinion to apply for supervisory writs. Plaintiff, Candace Gray, filed suit against Marrero Land asserting that she suffered personal injuries when she fell in a parking lot owned by Marrero Land. She asserts that a speed bump in the parking lot was defective and unreasonably dangerous, causing her to fall and sustain injuries. After filing an answer, Marrero Land filed a motion for summary judgment, seeking dismissal of the claims against it. In its motion, Marrero Land asserted that there are no genuine issues of material fact in dispute and that Ms. Gray's deposition testimony establishes that she cannot meet her burden of proof to establish that Marrero Land is liable for her damages. After a hearing on this matter, the trial court denied Marrero Land's motion for summary judgment, finding that there are genuine issues of material fact as to whether Ms. Gray can prove her case. In its written judgment, the trial court included a certification that its ruling denying the motion for summary judgment -2­ was final and appealable, pursuant to La. C.C.P. art. 1915. Marrero Land thereafter filed the present appeal with this Court. Appellate courts have the duty to examine subject matter jurisdiction sua sponte, even when the parties do not raise the issue. McGehee v. City/Parish ofE. Baton Rouge, 00-1058, p. 3 (La. App. 1 Cir. 9/12/01), 809 So.2d 258, 260. In the present case, we find that we are without jurisdiction to consider this appeal. La. C.C.P. art. 968 provides that "[a]n appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment." Thus, the denial of a motion for summary judgment is not a final and appealable judgment. Short v. Ochello, 01-1358, p. 4 (La. App. 5 Cir. 2/26/02), 811 So.2d 1009, 1010. Because a judgment denying a motion for summary judgment is interlocutory in nature, it cannot be certified as immediately appealable under La. C.C.P. art. 1915(B). Id.; Granger v. Guillory, 00-363, pp. 1-2 (La. App. 3 Cir. 4/26/00), 762 So.2d 640,641; Strain v. Williams, 01-2157 (La. App. 1 Cir. 9/27/02), 835 So.2d 618,620, n. 2. Accordingly, the trial court's certification that its denial of Marrero Land's motion for summary judgment is a final and appealable judgment is without effect. Accordingly, we must dismiss the instant appeal and remand to the trial court for further proceedings. However, because Marrero Land relied on the trial court's declaration that the ruling was final and appealable, we grant Marrero Land 30 days from the rendition of this opinion to file an application for supervisory writs with this Court. See Short, 01-1358 at 4,811 So.3d at 1010. APPEAL DISMISSED; CASE REMANDED -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. ULJEBERG JUDGES CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MEUSSA C. LEDET 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org 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 2-20 THIS DAY MARCH 25, 2015 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: CLERK OF COURT 14-CA-934 E-NOTIFIED JOEL A. LEVY MAILED LAWRENCE B. FRIEMAN BRADLEY P. NACCARI ATTORNEY AT LAW 330 NORTH NEW HAMPSHIRE STREET COVINGTON, LA 70433 HARRY E. FORST ATTORNEY AT LAW 639 LOYOLA AVENUE SUITE 1830 NEW ORLEANS, LA 70113

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