Glenn Thibodaux and Angela Thibodaux VS St. Mary Parish Sewer District No. 7 and CNA Insurance Company
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2008 CA 1241 GLENN THIBODAUX AND ANGELA THIBODAUX VERSUS ST MARY PARISH SEWER DISTRICf NO 7 AND CNA INSURANCE COMPANY Judgment rendered Appealed from March 27 2009 the 16th Judicial District Court in and for the Parish of St Mary Louisiana Trial Court No 108 152 Honorable William D Hunter J Judge ATTORNEYS FOR LOUIS GIBBENS DENNIS STEVENS PLAINTIFFS APPELLANTS NEW IBERIA LA GLENN AND ANGELA nIIBODAUX SKYLER JAMES THIBODAUX AND DANIELLE RENEE THIBODAUX WARD GREGORY W RONIGER ATTORNEY FOR METAIRlE LA DEFENDANTS APPELLEES ST MARY PARISH SEWER DISTRICT NO 7 AND VALLEY FORGE INSURANCE COMPANY RUSSEL J CREMALDI ATTORNEY FOR FRANKLIN DEFENDANT APPELLEE LA ST MARY PARISH SEWER DISTRICT NO 7 JAMES C ARCENEAUX IV ATTORNEY FOR KENNER LA THIRD PARTY DEFENDANT APPELLEE KUHLMAN BECNEL HARDWARE ELECTRIC COMPANY INC BEFORE PETTIGREW McDONALD AND HUGHES ll PETTIGREW l this In plaintiffs Glenn and Angela Thibodaux filed case the to their home caused to the home due to a subsequent flooding tropical storm Electric Inc demand against Kuhlman Becnel Hardware that Kuhlman Becnel maintenance had on judgment and Following complaint repair a assumed of the upkeep trial complete the merits in March on July 18 2007 finding as by a St Mary filed third a Kuhlman Becnel was 2007 Valley sewerage back up and for responsibility equipment that damages and its insurer against defendants St Mary Parish Sewer District 07 nst Mary Forge Insurance Company for damages action for an the the party alleging inspection subject of plaintiffs the trial court rendered follows IT IS ORDERED ADJUDGED AND DECREED that there be herein in favor of Angela Thibodaux against defendants St Sewer District 07 and its insurer CNA Insurance Company judgment Mary Parish in the sum of 5 000 00 IT IS FURTHER ORDERED ADJUDGED AND DECREED that there be judgment herein in favor of St Mary Parish Sewer District 07 and CNA Insurance Company and against Glenn Thibodaux IT IS FURTHER ORDERED ADJUDGED AND DECREED that there be judgment herein in favor of St Mary Parish Sewer District 07 and CNA Insurance Company and against Skyler Thibodaux and Danielle Renee Thibodaux Ward IT IS FURTHER ORDERED ADJUDGED AND DECREED that there be judgment herein in favor of St Mary Parish Sewer District 07 and CNA Insurance IT Company and against Kuhlman Becnel for the IS FURTHER ORDERED ADJUDGED sum AND of 5 000 DECREED that Mary Sewer District and CNA Insurance Company are cast and Judgment over in their favor and against Kuhlman Becnel Defendants St for all costs for all costs Plaintiffs timely appealed the trial court Becnel answered s plaintiffs appeal On June 30 2008 this court issued not be dismissed because the trial court sufficient decretal issued court language remanding the sign a valid judgment and both St Mary and Kuhlman Thereafter a rule to show cause why the appeal should July 18 2007 judgment failed s on August 4 2008 an interim order matter to the trial court for the limited purpose of judgment in accordance with La Code Civ P art 2 to contain was having the trial 1918 In response thereto the trial court resulted in substantive to the proper signed an changes procedures amended to the judgment on September 18 2008 which July 18 2007 judgment made without On October 28 2008 this court dismissed the recourse appeal of the July 18 2007 judgment vacated the September 18 2008 judgment and reinstated the July 18 2007 judgment noting in pertinent part follows as properly altered amended or revised by a new trial or an action of nullity in the trial court and because the September 18 2008 judgment substantively amended the original judgment we find that the September 18 2008 judgment is an absolute There is no valid basis for an appeal nullity See La ccP art 2002 an absolutely null judgment and we lack jurisdiction to review it See of 991 So 2d 479 Mack v Wiley 2007 2344 La App 1 Cir 5 2 08 Because the was original judgment Once the trial court has a signed not judgment with appropriate 1918 and the requisite notice is written language as required by La cc P art sent a timely motion for appeal may be filed Following this October 28 erroneously docketed the for review by this panel 2008 action answers to the Because the defective judgment of the trial by the writ panel appeal filed by St Mary and Kuhlman Becnel answers to the court Le addressed by St Mary and Kuhlman Becnel the appeal are October 28 as part of the original appeal 2008 action once are As the trial court language all parties will have the right to 3 on the same intertwined with the issues raised in answers previously noted by the signs appeal and ANSWERS TO THE APPEAL DISMISSED based July 18 2007 judgment and the issues plaintiffs original appeal which has previously been dismissed the be dismissed the clerk s office a writ should also panel in its judgment with proper decretal or answer the appeal at that time
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