HUEY GONZALES, RALPH G. GONZALES, KATHY GONZALES AND THOMAS GONZALES Vs. JAMES GONZALES AND PROGRESSIVE INSURANCE COMPANY
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION NO. 2008-CA-1066 * HUEY GONZALES, RALPH G. GONZALES, KATHY * GONZALES AND THOMAS COURT OF APPEAL GONZALES * FOURTH CIRCUIT VERSUS * STATE OF LOUISIANA JAMES GONZALES AND ******* PROGRESSIVE INSURANCE COMPANY APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 93-820, DIVISION “E” Honorable Jacques A. Sanborn, Judge ****** Judge Dennis R. Bagneris, Sr. ****** (Court composed of Judge James F. McKay, III, Judge Dennis R. Bagneris, Sr., and Judge Terri F. Love) Davy P. Laborde LAW FIRM OF DAVY P. LABORDE, L.L.C. 757 St. Charles Avenue Suite 205 New Orleans, LA 70130 COUNSEL FOR PLAINTIFFS/APPELLANTS David A. Strauss Christian A. Garbett Susan E. Dinneen KING KREBS & JURGENS, P.L.L.C. 201 St. Charles Avenue Suite 4500 New Orleans, LA 70170 COUNSEL FOR DEFENDANT/APPELLEE MARCH 4, 2009 APPEAL DISMISSED The Appellants, Huey Gonzales, Ralph Gonzales, and Kathy Gonzales as “plaintiffs in the original suit and defendants in reconvention” appeal the district court’s denial of their exception of prescription dated June 6, 2008. An appeal lies only from a final judgment of the trial court. LSA-C.C.P. arts. 1911 and 2083. A judgment that determines the merits in whole or in part is a final judgment. LSA-C.C.P. art. 1841. Whether a partial final judgment is appealable is determined by examining the requirements of LSA-C.C.P. art. 1915. This Court's jurisdiction must be properly invoked by a final appealable judgment. Thus, the issue is whether this is a final appealable judgment meeting the requisites of LSAC.C.P. art. 1915. In 1997, by Act No. 483, the Louisiana Legislature made significant changes with respect to the appealability of partial judgments. In re Succession of Grimmett, 31,975, p. 4 (La.App. 2 Cir. 3/5/99), 738 So.2d 27, 30. Prior to the 1997 amendments, article 1915 set forth exclusive classes of partial judgments, which were immediately appealable. Id. at pp. 2-4, 738 So.2d at 2930. The 1997 amendments, patterned after Rule 54 of the Federal Rules of Civil Procedure, now require a certification procedure, which must be met before a partial adjudication can become immediately appealable. Id. A partial judgment rendered by a trial court shall not constitute a final judgment subject to an immediate appeal unless designated as a final judgment by the trial court after an express determination that there is no just reason for the delay, or unless specifically agreed to by the parties. LSA-C.C.P. art. 1915 B (1). 1 LHO New Orleans LM, L.P. v. MHI Leasco New Orleans, Inc. 2003-1283 (La.App. 4 Cir. 3/3/04) 869 So.2d 304. The judgment in which the appellants seek to appeal is a partial judgment that has not been designated as a final appealable judgment. Further, the appellants conceded that another appeal exists in this Court dealing with the merits of the case1. Decree For the reasons stated above the instant appeal is hereby dismissed. APPEAL DISMISSED 1 Louisiana Fourth Circuit Court of Appeal case number 2008-CA-0258, in which this Court denied a Motion to Consolidate on September 16, 2008. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
