Advice from La. appellate judges: Try to stay in the circuit.
A sanctions judgment under La. Code Civ. P. art. 1471 is appealable.

Decretal language needed to appeal an injunction

In at least five prior posts, I’ve written about appeals being dismissed because the judgment appealed from lacked decretal language: language stating the party in whose favor the judgment is rendered, the party against whom the judgment is rendered, and the relief being granted or denied.1 Earlier this month, the Louisiana Fourth Circuit gave that rule a new twist, applying it to a judgment purporting to grant a preliminary injunction.

In Wells One Investments, LLC v. City of New Orleans, 2017-0415 (La. App. 4 Cir. 11/2/17), the trial court rendered a judgment stating that Wells One’s motion for preliminary injunction “is hereby granted,” but did not state what the city was ordered to do or not do. The city appealed under La. Code Civ. P. art. 3612, which gives parties the right to appeal a “judgment relating to a preliminary or final injunction ....” But the Fourth Circuit dismissed the appeal because the judgment failed to name the party being enjoined and, contrary to La. Code Civ. P. art. 3605, failed to “describe in reasonable detail, and not by mere reference to the petition or other documents, the act or acts sought to be restrained.”

The lesson from this case seems to be that any appealable judgment—not just a final judgment—must contain decretal language, naming the winning and losing parties and spelling out the precise relief being granted or denied.

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1. See these posts from Jan. 21, 2013; Apr. 4, 2013; Feb. 25, 2016; Apr. 7, 2017; and Sept. 3, 2017.

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