Opinion

Gardner Realtors, LLC v. Iteld

  • 2016 La.App. 4 Cir. 0415
  • 214 So. 3d 146
  • 2017 La. App. LEXIS 477
Court
Louisiana Court of Appeal
Filed
Mar 22, 2017
Status
Published
Author
Jenkins
On the bench
Bagneris, III, Jenkins
Cited by
2 cases
Authority
More cited than 17.5%

The opinion

JENKINS, J.,

CONCURS IN PART AND DISSENTS IN PART

hi respectfully dissent from the majority’s finding that, because the Itelds failed to file a supervisory writ from the trial court’s denial of their motions for summary judgment, they cannot challenge those rulings on appeal. The denial of a motion for summary judgment is an interlocutory judgment. La. Code Civ. P. Art. 968. “But it is well settled that, although an interlocutory judgment may not in itself be immediately appealable, it is nevertheless subject to review by an appellate court when a judgment is rendered in the case which is appealable.” Wallace C. Drennan, Inc. v. City of New Orleans, 10-1301, p. 2 (La.App. 4 Cir. 4/27/11), 65 So.3d 705 , 706 n.4. In other words, “[w]hen an unrestricted appeal is taken from a final judgment, the appellant is entitled to seek review of all adverse interlocutory rulings prejudicial to him, in addition to the review of the final judgment.” Id. I also disagree with the majority’s opinion to the extent that it suggests that the only mechanism by which to challenge an adverse ruling on a motion for summary judgment is by a supervisory writ. See Doucette v. Guient, 15-1346, p. 5 (La.App. 4 Cir. 12/29/16), 208 So.3d 444, 456 (Jenkins, J., dissenting).

I concur with the majority opinion in all other respects.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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