H3 AESTHETICS AND DERMATOLOGY, LLC VERSUS CELTIC CROSS CONSTRUCTION, LLC AND MISHA KACHKACHISHVILI

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H3 AESTHETICS AND DERMATOLOGY, LLC NO. 17-CA-344 VERSUS FIFTH CIRCUIT CELTIC CROSS CONSTRUCTION, LLC AND MISHA KACHKACHISHVILI COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 762-751, DIVISION "F" HONORABLE MICHAEL P. MENTZ, JUDGE PRESIDING November 29, 2017 ROBERT A. CHAISSON JUDGE Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Robert A. Chaisson APPEAL DISMISSED RAC JGG MEJ COUNSEL FOR PLAINTIFF/APPELLEE, H3 AESTHETICS AND DERMATOLOGY Stephen K. Conroy Amanda D. Hogue COUNSEL FOR DEFENDANT/APPELLANT, MISHA KACHKACHISHVILI Leslie J. Hill CHAISSON, J. On July 15, 2016, H3 Aesthetics and Dermatology, LLC (“H3”), filed a petition for damages in the 24th Judicial District Court in Jefferson Parish naming as defendants Celtic Cross Construction, LLC and Misha Kachkachishvili in a dispute arising out of a construction buildout of doctor’s offices and medical spa on property located on Bienville Street in New Orleans. During the course of the litigation, H3 filed a motion to compel discovery wherein it requested the trial court to compel Mr. Kachkachishvili to respond to interrogatories and requests for production that it had propounded upon him. Four days before the scheduled hearing on the motion to compel, Mr. Kachkachishvili produced responses to the discovery. After the hearing on the motion, the trial court rendered judgment in which it declared the Motion to Compel Discovery moot because Mr. Kachkachishvili had produced the discovery responses; however, the trial court ordered Mr. Kachkachishvili to pay attorney’s fees and costs associated with the motion. It is from that portion of the judgment that ordered him to pay attorney’s fees and costs that Mr. Kachkachishvili now appeals. DISCUSSION Pursuant to Louisiana Code of Civil Procedure article 1841, a judgment that does not determine the merits of a case but only preliminary matters in the course of the action is an interlocutory judgment. An interlocutory judgment is appealable only when expressly provided by law. La. C.C.P. art. 2083(C). A judgment declaring a motion to compel discovery moot and awarding attorney’s fees and costs for the bringing of that motion is an interlocutory judgment. Gorvine v. Travelers Ins. Cos., 98-0287 (La. App. 4 Cir. 11/18/98), 724 So.2d 248, 250; Succession of Holliday, 576 So.2d 1155, 1156 (La. App. 3 Cir. 1991), writ denied, 581 So.2d 708 (La. 1991). We therefore have no appellate jurisdiction to consider the merits of the trial court's ruling. An appeal may be dismissed at any time for 17-CA-344 1 lack of jurisdiction of the appellate court. La. C.C.P. art. 2162; Green Tree Servicing, LLC v. Chopin, 16-244 (La. App. 5 Cir. 12/07/16), 207 So.3d 631; O’Krepki v. O’Krepki, 17-130 (La. App. 5 Cir. 10/25/17), 2017 La. App. LEXIS 2047. Accordingly, this appeal is dismissed. APPEAL DISMISSED 17-CA-344 2 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 NOVEMBER 29, 2017 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 17-CA-344 E-NOTIFIED 24TH JUDICIAL DISTRICT COURT (CLERK) HONORABLE MICHAEL P. MENTZ (DISTRICT JUDGE) LESLIE J. HILL (APPELLANT) STEPHEN K. CONROY (APPELLEE) BRIAN S. SCHAPS (APPELLEE) MAILED AMANDA D. HOGUE (APPELLEE) ATTORNEY AT LAW 3838 NORTH CAUSEWAY BOULEVARD SUITE 3130 METAIRIE, LA 70002 DAVID C. CLEMENT (APPELLANT) ATTORNEY AT LAW 400 POYDRAS STREET SUITE 1410 NEW ORLEANS, LA 70130 JONATHAN M. WALSH (APPELLEE) ATTORNEY AT LAW 755 MAGAZINE STREET NEW ORLEANS, LA 70130

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