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When a judgment isn’t final

Last month, the First Circuit issued a pair of unpublished decisions, each of which dismissed an appeal for lack of a final, appealable judgment. The problem with both judgments: the amount awarded could not be determined from the judgment itself. As explained by the court, the amount awarded must be stated in or determinable from the judgment itself, so that a third person can determine from the judgment itself the amount owed without reference to other documents. In the First Circuit’s view, the judgments in these two cases came up short.

In Duet v. Landry, 2016-0575 (La. App. 1 Cir. 3/6/17), the judgment awarded “$4,733, along with any penalties and interest, for the amount of income tax liability Plaintiffs incurred.” The judgment was deemed deficient because

[t]he interest due on the delinquent taxes and penalties are not certain and determinable from the judgment. The judgment does not state the precise rate of interst on the taxes or the period of time for which the interest on the taxes is payable. The judgment does not give any information regarding the amount of the penalties. therefore, the portion of the judgment concerning interest and penalties on the delinquent taxes is not definite and certain, and the judgment is not a final judgment.

In Rosewood Enterprises, Inc. v. Rosewood Development, LLC, 2016-0352 (La. App. 1 Cir. 3/6/17), the judgment awarded $2,149,080, plus accrued interest of 7.5% per annum until paid, plus late charges in the amount of 5% of the overdue payments, plus reasonable attorney fees and costs and expenses of collection ....” The award of 5% late charges was insufficient because it failed to “specify either a total amount of late charges owed, or set forth information allowing for the calculation of late charges without necessitating reference to the note or other extrinsic sources.” Also the judgment failed to specify the amount of attorney’s fees and collection costs awarded.

The lessons we can learn from these decisions: (1) If you can calculate the amount awarded, do so and put the amount in the judgment. (2) If some part of the award can’t be calculated—or if there is any other doubt about finality—ask the trial court to designate the judgment as final under La. Code Civ. P. art. 1915(B)

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