Successsion of Woodie Carl White, Jr.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2010 CA 1449 SUCCESSION OF WOODIE CARL WHITE JR Judgment Rendered JUN 17 2011 Appealed from Sixteenth Judicial District Court In and for the Parish of St Mary State of Louisiana Probate No 1 742 Honorable Keith R Comeaux Judge J Dale H Hayes Morgan City LA Counsel for Appellant Michael Patrick White S Patrick Skiles Counsel for Morgan City LA Appellee Monique White Falcon BEFORE PARRO GUIDRY AND HUGHES JJ w I GUIDRY J This matter comes before us for review of an April 12 2010 judgment nullifying a judgment placing Michael Patrick White the brother of the decedent Woodie Carl White Jr and the sole legatee of decedent will in possession of his s s brother estate On March 11 2010 Monique White Falcon the decedent s daughter filed a Motion to Nullify Judgment of Possession and for Contempt of Court and following a hearing on said motion the trial court rendered the April 12 2010 judgment appealed herein On September 29 2010 this court issued a rule to show cause wherein we observed t April 12 2010 judgment which is the subject of this appeal he appears to be a NON APPEALABLE ruling Emphasis omitted Thus the parties were ordered to show cause by briefs on or before October 14 2010 why the appeal should not be dismissed The rule to show cause was subsequently referred to our panel for resolution The following decrees are contained in the April 12 2010 judgment IT IS HEREBY ORDERED ADJUDGED AND DECREED that the Motion to Nullify Judgment of Possession filed by Monique White Falcon is hereby granted and the Judgment of Possession signed by the Court on February 1 2010 in favor of Michael Patrick White is hereby vacated and nullified IT IS HEREBY FURTHER ORDERED ADJUDGED AND DECREED that this Judgment nullifying the Judgment of Possession signed by the Court on February 1 2010 in favor of Michael Patrick White be recorded in the Mortgage and Conveyance Records of the Parish of St Mary State of Louisiana IT IS HEREBY FURTHER ORDERED ADJUDGED AND DECREED that the Motion for Contempt filed by Monique White Falcon against Michael Patrick White herein be and hereby is continued without date 2 The judgment appealed ordered that the February 1 2010 judgment of possession be vacated and nullified however the judgment appealed further shows that the claim for contempt filed by Monique White Falcon remains unresolved A final judgment is appealable in all causes in which appeals are given by law La C art 2083 A judgment that determines the merits in whole or P A in part is a final judgment La C Art 1841 Although the issue of contempt P is not related to the issue presented in this appeal regarding nullification of the judgment of possession the issue of contempt was presented in the original pleading for which the judgment appealed from was rendered See Bergeron v P Bergeron 256 So 2d 334 La App 1st Cir 1971 Moreover La C art B 1915 provides 1 When a court renders a partial judgment or partial summary judgment or sustains an exception in part as to one or more but less than all of the claims demands issues or theories whether in an original demand reconventional demand cross claim third party claim or intervention the judgment shall not constitute a final judgment unless it is designated as a final judgment by the court after an express determination that there is no just reason for delay 2 In the absence of such a determination and designation any order or decision which adjudicates fewer than all claims or the 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 purpose of an immediate appeal Any such order or decision issued may be revised at any time prior to rendition of the judgment adjudicating all the claims and the rights and liabilities of all the parties Emphasis added The trial court did not certify or designate the April 12 2010 judgment as a final judgment Since this judgment adjudicates fewer than all the claims and was not certified as final by the trial court in accordance with La C art 1915 it P 1 B is not an appealable final judgment Richardson v Tessier 07 0374 p 3 La App The request for a contempt ruling is premised on the allegation that Michael Patrick White failed to comply with a prior judgment of the trial court to deliver all assets of the estate of the decedent including several guns and a checkbook to the law offices of counsel for Monique White Falcon 3 1st ir 07 77 0 SS S6 Boudreaux y x A reau Audubon Insurance Company 01 2061 pp 5 6 La App 1st Cir 10 So 2d681 684 85 835 02 16 For these reasons the appeal is dismissed without prejudice Costs of the appeal are to be borne by Michael Patrick White APPEAL DISMISSED 4
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