When not to file a motion for new trial.
In praise of night law school

Two cases of interest to appellate lawyers.

The Louisiana Association of Defense Counsel’s January 2017 newsletter discusses two cases of interest to lawyers practicing in Louisiana’s appellate courts:

  • In Nabors Offshore Corp. v. Caterpillar, Inc., 2016-0003 (La. App. 4 Cir. 11/30/16), the Fourth Circuit reminds us that a denial of a supervisory writ is not a decision on the merits, even when accompanied by the comment of “no error” in the trial court’s judgment. “[A] denial of a writ application is of no precedential value, regardless of the reasons assigned. That is, a writ denial is not precedential for any purpose; it is merely a statement that the court is declining to exercise its supervisory jurisdiction to review the issues addressed at that time.” Id. at 7.

  • Urquhart v. Spencer, 2015-1354 c/w 2015-1355 (La. App. 4 Cir. 12/1/16), provides a lesson about the form of a final, appealable judgment. A final judgment must contain decretal language, meaning that it “must name the party in favor of whom the ruling is ordered, the party against whom the ruling is ordered, and the relief that is granted or denied.” Id. at 3. The judgment in this multi-defendant case recited that it was against “defendants,” without naming which defendants were cast in judgment and without assigning percentages of fault. Because the judgment lacked the required decretal language, it was not final or appealable. Thus, the Fourth Circuit dismissed the appeal.

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