Sonoma Alley, L.L.C. VS Doyle Restaurant Group Franchise Company, L.L.C., Doyle Restaurant Group, Inc. and Jason Doyle
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2010 CA 2133 SONOMA ALLEY L C VERSUS DOYLE RESTAURANT GROUP FRANCHISE COMPANY L DOYLE C RESTAURANT GROUP INC JASON DOYLE Judgment Rendered February 10 2012 i APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA DOCKET NUMBER C590704 DIVISION D THE HONORABLE JANICE CLARK JUDGE Gregory Webb Attorney for PlaintiffAppellant Sonoma Alley L C Prairieville Louisiana Jason Doyle Douglas Littlejohn Baton Rouge Louisiana and Attorneys for DefendantsAppellee Doyle Restaurant Group Franchise Company L Doyle Restaurant C Group Inc Jason Doyle Roderick Christopher Patrick New Orleans Louisiana BEFORE GAIDRY McDONALD AND HUGHES JJ vL4 CiB McDONALD J Plaintiff appellant Sonoma Alley LLC appeals the trial court judgment in s the amount of 22 in its favor 00 000 Because this appeal is taken from a judgment not designated as final we dismiss the appeal Sonoma Alley LLC filed a suit against three defendants Doyle Restaurant Group Franchise Company LLC Doyle Restaurant Group Inc and Jason Doyle On June 18 2010 plaintiff obtained a preliminary default against all three defendants On July 21 2010 the trial court issued a judgment in the amount of 00 000 22 against Doyle Restaurant Group Franchise Company LLC and Doyle Restaurant Group Inc This appeal by Sonoma Alley LLC followed in which it complains that the trial court erred in failing to award the full amount of the franchise fee 55 00 000 DISCUSSION The initial issue that we must address in this appeal is whether the trial s court judgment of July 10 2010 is a final appealable judgment In addressing whether the judgment is a judgment from which immediate review by appeal is allowed we must first determine what issues were resolved by the judgment Best Fishing Inc v Rancatore 96 2254 p 4 La App 1 Cir 12 706 So 97 29 2d 161 163 In other words was it a partial judgment which decided less than all of the issues presented Id In this case the trial court rendered judgment against defendants Doyle Restaurant Group Franchise Company LLC and Doyle Restaurant Group Inc in the amount of 22 after striking though Jason Doyle Therefore since no 00 000 judgment appears to have been rendered against Jason Doyle it appears that the matter is still pending against Jason Doyle making the judgment rendered a partial judgment from which we must determine whether Sonoma Alley LLC may appeal M Louisiana Code of Civil Procedure Article 2083 defines in pertinent part appealable judgments as final judgments A final judgment is one that determines the merits in whole or in part La C art 1841 The judgment signed by the P trial court was not a final judgment because it adjudicated fewer than all claims or the rights and liabilities of fewer than all the parties and it was not designated as a final judgment by the court after an express determination that there is no just reason for delay La C art 1915 and 2 P 1 B Additionally La C art 1911 states that an appeal may not be taken P from a partial judgment until the judgment has been designated a final judgment in accordance with La C art 1915 which states in pertinent part P B B 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 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 offewer than all parties shall not terminate the action as to any of the claims or parties and shall not constitute afinaljudgment 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 judgment only adjudicated the claims against Doyle s Restaurant Group Franchise Company LLC and Doyle Restaurant Group Inc Judgment was not rendered against Jason Doyle thus the judgment signed by the trial court was not a final judgment because it adjudicated fewer than all claims or the rights and liabilities of fewer than all the parties Furthermore the judgment was not designated as a final judgment by the court after an express determination that there is no just reason for delay La C art 1915 P 1 B Louisiana Code of Civil Procedure Article 1911 states that an appeal may not be taken from a partial judgment until the judgment has been designated a final N judgment in accordance with La C art 1915 Therefore under La C P B P art 1915 this matter is not one from which immediate review by appeal is B allowed because the judgment is a partial judgment Richardson v Tessier 07 0374 p 3 La App 1 Cir 11 977 So 55 56 07 2 2d An appellate court may dismiss at any time an appeal where there is no right to appeal La C art 21 Since Sonoma Alley LLC has no right to appeal P 62 this judgment we will dismiss the appeal For the foregoing reasons Sonoma Alley LLC appeal is dismissed s APPEAL DISMISSED S
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