DELTON AUGUSTINE, JR. VERSUS JOHNNY GRIFFIN, ET AL.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-561 DELTON AUGUSTINE, JR. VERSUS JOHNNY E. GRIFFIN, ET AL. ********** APPEAL FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 2004-6014-A HONORABLE MARK A. JEANSONNE, DISTRICT JUDGE ********** ULYSSES GENE THIBODEAUX CHIEF JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Sylvia R. Cooks, and J. David Painter, Judges. APPEAL DISMISSED. Michael Wayne Adley Judice and Adley Post Office Drawer 51769 Lafayette, LA 70505-1769 (337) 235-2405 COUNSEL FOR DEFENDANT/APPELLEE: M & C Ins. Co. John Taylor Bennett Bennett Law Office Post Office Box 275 Marksville, LA 71351 (318) 253-4631 COUNSEL FOR PLAINTIFF/APPELLEE: Delton Augustine, Jr. Russell L. Potter Stafford, Stewart & Potter Post Office Box 1711 Alexandria, LA 71309 (318) 487-4910 COUNSEL FOR DEFENDANTS/APPELLEES: GEICO Johnny Griffin Michael Joseph Juneau Kate B. Labue The Juneau Firm Post Office Drawer 51268 Lafayette, LA 70505-1268 (337) 269-0052 COUNSEL FOR DEFENDANT/APPELLEE: National Union Fire Ins. Co. Stacy Christopher Auzenne Auzenne Law Firm 3600 Jackson Street, #121 Alexandria, LA 71303 (318) 880-0087 COUNSEL FOR DEFENDANT/APPELLANT: Republic Vanguard Insurance Company S. Aaron Siebeneicher Johnson & Siebeneicher Post Office Box 648 Alexandria, LA 71309 (318) 484-3911 COUNSEL FOR DEFENDANT/APPELLANT: Republic Vanguard Insurance Company Valerie M. Thompson Attorney at Law Post Office Box 648 Alexandria, LA 71309 (318) 484-3911 COUNSEL FOR DEFENDANT/APPELLANT: Republic Vanguard Insurance Company THIBODEAUX, Judge. Upon the lodging of the record in the above captioned case, this court, sua sponte, issued a rule for the defendant-appellant, Republic Vanguard Insurance Company, to show cause, by brief only, why its appeal in this case should not be dismissed as premature. Subsequently, the plaintiff-appellee, Delton Augustine, Jr., filed a motion to dismiss this appeal based on the argument that the judgment appealed is a partial, final judgment which has not been designated by the trial court as immediately appealable pursuant to La.Code Civ.P. art. 1915. For the reasons given, we dismiss the appeal. This case arises out of an automobile accident wherein the plaintiff was a passenger in a vehicle owned by a business contractor. The plaintiff sued Johnny E. Griffin, the driver of the vehicle that struck him, and Griffin s liability insurer. The plaintiff also sought recovery under the uninsured motorist provisions of the contractor s liability policy. The contractor s policy was issued by the appellant. The plaintiff filed a motion for partial summary judgment seeking a finding that one million dollars in UM coverage was available due to the appellant s failure to include the policy number on the alleged selection of the lower limit form. The trial court granted this motion for partial summary judgment on January 26, 2007. The availability of the one million dollars in UM coverage was found to be subject to credit for any amounts already received by the plaintiff. The appellant filed a motion for an appeal from this ruling on February 28, 2007, which was granted by the trial court on the same day. The appeal in this case was lodged in this court on May 7, 2007, and on May 8, this court 1 issued the instant rule to show cause why the appeal should not be dismissed as premature. On June 28, 2007, the plaintiff filed a motion to dismiss the appeal. The appellant filed a brief in opposition to the motion to dismiss the appeal in this court on May 17, 2007. In the opposition brief filed in this court, the appellant readily admits that the trial court s ruling is a partial final judgment pursuant to La.Code Civ.P. art. 1915(B). Moreover, the appellant recognizes that the trial court has failed to designate this judgment as immediately appealable. However, the appellant contends that this court should proceed to decide this matter on appeal because a reversal of the trial court s ruling could put this litigation at an end and because the appellant argues that it has been denied appellate review of this and other rulings throughout this litigation due to fact that these have also been partial, final judgments. We find that the appellant s arguments are without merit. The judgment appealed is clearly only a partial, final judgment pursuant to La.Code Civ.P. art. 1915(B), which has not been designated as immediately appealable. Moreover, the appellant obtained review of this judgment in its writ application to this court in docket number 07-294, which application was denied by this court in an unpublished writ disposition rendered on April 12, 2007. Therefore, we hereby dismiss the instant appeal at appellant s cost. APPEAL DISMISSED. THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal. 2
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