Sheila Vanderbrook Wife of/and Terry B. Trahan, Dolores DeLaune Wife of/and John B. Middleton, E. Ray Wilkes, Jr., Anne Lester Wife of/and Robert R. Raposo, Sherie Landry Wife of/and Raymond C. Burkart, Jr. and Stacy Miller Wife of/and Lance L. Engolia, S VS Christopher R. Jean, Lee Road Development Company, Highland Lakes Development Corporation, Johnny F. Smith Truck and Dragline Service, Inc., The Highlands Homeowners Association of St. Tammany, Inc., Palmers, Inc., Alternative Design/Build Group, L.L.C.,

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2009 CA 0918 SHEILA V ANDERBROOK WIFE OF AND TERRY B TRAHAN DOLORES DeLAUNE WIFE OF AND JOHN B MIDDLETON E RAY WILKES JR ANNE LESTER WIFE OF AND ROBERT R RAPOSO SHERIE LANDRY WIFE OF AND RAYMOND C BURKART JR AND STACY MILLER WIFE OF AND LANCE L ENGOLIA SR VERSUS CHRISTOPHER R JEAN LEE ROAD DEVELOPMENT COMPANY HIGHLAND LAKES DEVELOPMENT CORPORATION JOHNNY F SMITH TRUCK AND DRAGLINE SERVICE INC THE HIGHLANDS HOMEOWNERS ASSOCIATION OF ST TAMMANY INC PALMERS INC ALTERNATIVE DESIGN BUILD GROUP L L C CENTER L L C MULLER NORTHLAKE TRUCK MULLER ATTORNEYS AT LAW A LIMITED LIABILITY COMPANY JOHNNY F SMITH TESTAMENTARY TRUST RICHARD L MULLER SILVIA G MULLER JANICE SEAL SMITH STUMPF INDIVIDUALL Y AND AS TRUSTEE OF THE JOHNNY F SMITH TESTAMENTARY TRUST BARNEY L CORE GARY SALATHE MARTIN MURPHY DAVID T GLASS WADE GLASS ADRIAN SPELL JODI McINTYRE WIFE OF AND GREGORY SCOTT BRIDGES AND WILLIS A PALMER Judgment Rendered Appealed December 23 2009 from the Twenty Second Judicial District Court In and for the Parish of St Tammany State of Louisiana Suit Number 2004 11723 Honorable William J Burris C Burkart Jr Raymond Katherine O Burkart Covington Julian J j iIT r Counsel for Plaintiffs Sheila Vanderbrook Appellants et al LA Rodrigue I Covington Presiding Jr Counsel for Defendant Appellee LA PEW Northlake Truck Center L L C r JC Y1 J C1 evJ 4s t tV J 5dv a J William J Jones Jr Counsel for Defendant Appellee Leland R Lee Road Gallaspy Covington Development LA Roger C Linde Counsel for Defendants F Forrester Willoz IV Alternative Metairie LA LL C Michael F Weiner Counsel for Defendants Build Design Salathe Gary R Jean Appellees Group Martin Murphy Appellees Highland Lakes Mark W Frilot Christopher Sandra Varnado Development Corp Johnny F Smith Mandeville LA Truck Dragline Highlands Homeowners Association of St Inc Tammany Service Johnny Testamentary Trust Janice Stumpf and Barney L Core The Inc F Smith Seal Smith Counsel for Defendants Appellees Palmers Inc and Willis Palmer Mitchell A Palmer Tom W Thornhill Chadwick Collings Slidell LA Alan A Zaunbrecher Counsel for Defendants Metairie LA David Glass Appellees Wade Glass Contracting of St Tammany Michael P Mentz Alayne Counsel for Defendants R Corcoran Muller Metairie LA Jesse L Wimberly Muller Inc Appellees L L C Richard Muller and Silvia Muller Counsel for Defendant Appellee III Mandeville LA Adrian Jack E Truitt Counsel for Defendants Nancy and Glass Jodi N Butcher Madisonville LA BEFORE CARTER C J Spell McIntyre Scott Appellees wife of and Gregory Bridges GUIDRY AND PETTIGREW n 2 GUIDRY J In this appeal plaintiffs seek review of the trial peremptory exceptions raising the objections of action filed by defendants Tammany Inc David Glass Alternative the appeal and remand this Glass Gary For the the trial court judgment granting of action and Group L L C Build Design matter to no cause s Wade Glass Glass defendants Murphy collectively court of of St Contracting Salathe and Martin that follow reasons right no we dismiss for further proceedings FACTS AND PROCEDURAL HISTORY Plaintiffs owners Subdivision in St defendants Tammany Parish filed seeking roadways in Highland Lakes improvements lengthy petition against a declaratory judgment and damages a development ownership and of immovable property and as a a number of result of the spillways and construction of the lakes earthworks dams Included in this of Highland Lakes Subdivision petition were claims against the Glass defendants arising from their participation in the construction of a residence for defendants Jodi and Gregory Bridges the Glass defendants trucks caused Thereafter plaintiffs filed a damage first to Plaintiffs supplemental exceptions the trial and responded by filing multiple exceptions and dismissing plaintiffs exceptions raising remammg J judgment on amending petition Multiple Following March 31 2005 a hearing granting on these the Glass dilatory exception raising the objection of improper cumulation of defendants actions rendered that the subdivision roads defendants court generally alleged the exceptIOns objection claims of vagueness granting and other defendants dilatory denying without prejudice the I judgment relating to the Glass defendants was affirmed by this court to the extent that it granted the exception raising the objection of improper cumulation of actions however this court reversed the dismissal of plaintiffs action and ordered that a separate trial be had on plaintiffs action against these defendants Vanderbrook v Jean 05 1122 La App 1st Cir 9 20 06 937 So 2d 937 Table unpublished The portion of the judgment relating to the exception raising the ofvagueness was subsequently reversed by this court in Vanderbrook v Jean 06 1975 objection The La App 14 2 07 1st Cir 2 14 07 959 So 2d 965 949 So 2d 676 Table and Vanderbrook unpublished 3 v Jean 05 2540 La App 1st Cir On 1 July Thereafter on raising the hearing on 2005 October 18 objections of these the trial the Glass defendants individual plaintiffs other damages judgment to the that they Highlands these as to were as the exceptions a they amending petition peremptory exceptions right of action judgment relate to on Following January a 2007 12 the damage claims of the exceptions days from the mailing as they related of the notice of petition filed plaintiffs bringing a third their action plaintiffs the trial individually and signed a judgment as Inc Tammany cause shareholders derivative action court and supplemental exceptions raising the objections of no amending petition representatives Again the Glass of action and no right Following a hearing December 21 2007 on of on sustaining exceptions and specifically reiterating that the exceptions did the Glass defendants not exceptions no signed Homeowners Association of St defendants filed of action court and gave the plaintiffs twenty amend their and supplemental However the trial court sustained the On June 14 2007 asserting second of action and no cause exceptions a 2006 the Glass defendants filed overruling to filed plaintiffs seek dismissal of the claims of the named originally plaintiffs for their individual damages The plaintiffs appealed Vanderbrook Table trial v Jean unpublished court upon language defendants from the December 08 0915 La this court dismissed the finding that the judgment Specifically exceptions this court it failed to appealable judgment for purposes of which relates 10 3108 judgment 994 So but in 2d 157 and remanded the matter to the defective for lack of proper decretal dismiss any of final 1915 B 2007 found that while the judgment sustained the Glass determined that because the judgment art Cir appeal was court CC P 1st App 21 to was an plaintiffs defective immediate partial judgments 4 we claims As such this could consider it not appeal and cited a to La On remand the trial substituted a rescinded its December 21 court judgment signed new December 30 2008 on 2007 and judgment Plaintiffs appeal now from this judgment DISCUSSION The December 30 2008 judgment reads IT IS ORDERED Exceptions of No defendants David AND ADJUDGED DECREED that the of Action and No Cause of Action filed Right Contracting of St Build Design Group L L C Gary Salathe Tammany Inc Alternative and Martin Murphy to the claims against them in the Third Supplemental and Amending Petition of Sheila Vanderbrook Terry B Trahan Delores DeLaune John B Middleton E Ray Wilkes Jr Anne Lestor Robert R Rapaso Sherie Landry Raymond C Burkhart Jr Stacy Miller and Lance Engolia hereby Glass Sr dismissed Plaintiffs at their As stated in this court See La C C P judgments La 0337 App 1st Cir App judgments Vanderbrook When judgment or a sustains designated order or 67 A final Church 05 judgment Furthermore must be 01 0809 p Coachmen Industries Inc 2d 906 913 final as to partial a partial judgment or partial summary an demand shall judgment as a not no claim constitute just reason In the absence of such decision which cross a the judgment by final determination that there is 2 v Pilgrim Baptist to states renders reconventional intervention the Mount v extends jurisdiction exception in part as to one or more but less than demands issues or theories whether in an original all of the claims demand court our 2d 66 818 So 5 10 02 La C C P art 1915 B 1 is previous opinion s 934 So 11 are cost 2083 Johnson definite and certain Glass sustained and the Plaintiffs claims are art precise La Glass 3 24 06 1st Cir App Wade by for third party claim or final judgment unless it court adjudicates an express delay determination and a after designation fewer than all claims or the any rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties and shall not constitute a final judgment for the purposes of an immediate appeal issued may be revised at any time prior adjudicating all the claims and the In the instant case defendants exceptions as to the to rights and the December 30 related Any such order 5 decision rendition of the liabilities of all 2008 plaintiffs or judgment third judgment the parties sustains the Glass supplemental and amending and dismisses those claims petition remaining claims between the and in order for it it must be 1911 just reason it is not Latiolais matter final for final a final the court La C C P delay judgment judgment and this Jackson 06 2403 p 5 v does not a adjudicate the partial judgment judgment for purposes of an immediate appeal judgment by Because the and 2083 designation 2 no as a a judgment Therefore the judgment is parties constitute designated that there is arts to However the at an 1915 B art issue does court La after lacks also La C C P 1 see not contain the proper jurisdiction 1st Cir App express determination to 112 07 review this 979 So 2d 489 492 CONCLUSION F or the foregoing the December 30 2008 without All prejudice costs of appeal reasons we find that this judgment Accordingly court we lacks jurisdiction dismiss the to await final disposition of this review plaintiffs appeal and remand this matter to the trial court for further are to proceedings matter APPEAL DISMISSED WITHOUT PREJUDICE AND REMANDED 2 power of supervisory jurisdiction as the merits of the do not meet the criteria set forth in Herlitz Construction Co v Hotel Investors of New Further though the plaintiffs assert that the trial court erred 396 So 2d 878 La 1981 We also decline to exercise instant case Iberia Inc procedurally in failing to give for the objection we note that petition and the trial court is additional opportunities p 9 La 3 19 04 our plenary opportunity to amend their petition to remove plaintiffs had already been given one opportunity to vested with discretion in determining whether to allow them an the to amend pursuant to La C C P art 934 869 So 2d 114 119 6 See Ramey v the grounds amend their the plaintiff DeCaire 03 1299 SHEILA VANDERBROOK WIFE OF AND TERRY NUMBER 2009 CA 0918 B TRAHAN DOLORES DeLAUNE WIFE OF AND JOHN B MIDDLETON E RAY WILKES JR COURT OF APPEAL ANNE LESTER WIFE OF AND ROBERT R RAPOSO SHERIE LANDRY WIFE OF AND RAYMOND C BURKART JR FIRST CIRCUIT AND STACY MILLER WIFE OF AND LANCE L ENGOLIA SR STATE OF LOUISIANA VERSUS CHRISTOPHER R JEAN LEE ROAD DEVELOPMENT COMPANY HIGHLAND LAKES DEVELOPMENT CORPORATION JOHNNY F SMITH TRUCK AND DRAGLINE SERVICE INC THE HIGHLANDS HOMEOWNERS ASSOCIATION OF ST TAMMANY INC PALMERS INC ALTERNATIVE DESIGN BUILD GROUP LL c NORTHLAKE TRUCK CENTER LLc MULLER MULLER ATTORNEYS AT LAW A LIMITED LIABILITY COMPANY JOHNNY F SMITH TESTAMENTARY TRUST RICHARD L MULLER SILVIA G MULLER JANICE SEAL SMITH STUMPF INDIVIDUALLY AND AS TRUSTEE OF THE JOHNNY F SMITH TESTAMENTARY TRUST BARNEY L CORE GARY SALATHE MARTIN MURPHY DAVID T GLASS WADE GLASS ADRIAN SPELL JODI McINTYRE WIFE OF AND GREGORY SCOTT BRIDGES AND WILLIS A PALMER BEFORE CARTER PETTIGREW J A final J C CONCURS AND ASSIGNS ADDmONAL REASONS judgment Coachmen Industries 906 913 GUIDRY AND PETTIGREW JJ After must be Inc definite 2001 0809 p 11 La and certain Vanderbrook App 1 Cir 5 10 02 v 818 So 2d reviewing the trial court s judgment of December 30 2008 I cannot ascertain what claims of the other extraneous precise definite precise pleadings or certain plaintiffs were in the record dismissed without In my referring to and opinion the judgment reviewing was not

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