Linda L. Foley v. Judy L. Davis, Trustee of the Kay F. Enright Separate Property Trust

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LINDA L. FOLEY NO. 2019 CW 1481 VERSUS JUDY L. DAVIS, TRUSTEE OF MAR 0 3 2020 THE KAY F. ENRIGHT SEPARATE PROPERTY TRUST In Re: Linda L. Foley, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2013- 2470. BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ. WRIT DENIED. The judgment at issue appears to be a final judgment, but it lacks appropriate decretal language. See La. Code Civ. P. art. 1918; see also Matter of Succession of Porche, 2016- 0538 ( La. App. 1st Cir. 2/ 17/ 17), 213 So. 3d 401 , 405- 06. In order for a judgment to be a final and appealable one, it must be precise, definite, and certain. It must also contain decretal language, and 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 expressly granted or denied without reference to other documents in the record. Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 2017- 1250 La. App. 1st Cir. 12/ 20/ 18), 268 So. 3d 1044 , 1046 ( en banc). Once a judgment with appropriate decretal language is issued by the district court, it will represent a final, appealable judgment, and Relator will be entitled to file a motion for an appeal therefrom in accordance with applicable law. PMC JEW Holdridge, J., concurs. A final judgment is one that determines the merits in whole or in part. La. Code Civ. P. art. 1841. Although the judgment at issue appears to be a final, appealable judgment, I am bound to follow precedent from this court, which holds that a judgment lacking the required decretal language is not a final, appealable judgment. See, e. g., Simon v. Ferguson, 2018- 0826 ( La. App, lst Cir. 2/ 28/ 19), 274 So. 3d 10 , 14. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLRK OF COURT FOR THE COURT