WALTON J. MONTEGUT, M.D. Vs. 3500 ST. CHARLES PARTNERSHIP, A LOUISIANA PARTNERSHIP, GEORGE CHIN AND EGBERT MING
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NOT DESIGNATED FOR PUBLICATION * NO. 2006-CA-1456 WALTON J. MONTEGUT, M.D. VERSUS * COURT OF APPEAL 3500 ST. CHARLES PARTNERSHIP, A LOUISIANA PARTNERSHIP, GEORGE CHIN AND EGBERT MING * FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2006-8006, DIVISION “J-13” Honorable Nadine M. Ramsey, Judge ****** Judge Dennis R. Bagneris, Sr. ****** (Court composed of Judge Dennis R. Bagneris, Sr., Judge Max N. Tobias, Jr., and Judge Edwin A. Lombard) Anthony C. Marino Kathleen L. Doody SCHULLY, ROBERTS, SLATTERY & MARINO 1100 Poydras Street Suite 1800 New Orleans, LA 70163 COUNSEL FOR PLAINTIFF/APPELLEE Darryl Harrison LAW OFFICE OF BERNARD L. CHARBONNET, JR. 2140 Rue Royale @ Washington Square New Orleans, LA 70116-1651 COUNSEL FOR DEFENDANT/APPELLANT MAY 2, 2007 APPEAL DISMISSED Defendants, 3500 St. Charles Partnership, George Chin, and Egbert Ming, appeal from a trial court judgment, which granted plaintiff, Dr. Walter J. Montegut’s, exception of no cause or right of action. However, the judgment on appeal is a partial judgment that is not immediately appealable pursuant to La. C.C.P. art. 1915. La. C.C.P. art. 1915, as amended in 1999, allows for an appeal of a judgment that dismisses a lawsuit as to less than all of the parties, defendants, third party plaintiffs, third party defendants, or intervenors. However, section B(1) provides: “[w]hen 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.” In the present case, plaintiff’s claims against defendants are still pending in the trial court. Further, the trial court’s judgment is not designated as final. Accordingly, we dismiss this appeal and remand this matter to the trial court. APPEAL DISMISSED
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