ALL CRANE v. VINCENT, 2009-0118 (La.App. 1 Cir. 9/11/09); 17 So.3d 518

ALL CRANE RENTAL OF GEORGIA, INC. v. RICKY VINCENT D/B/A TREESURGERY BY RICKY VINCENT.

No. 2009 CA 0118.Court of Appeal of Louisiana, First Circuit.
September 11, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

APPEALED FROM THE 20TH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF EAST FELICIANA, LOUISIANA TRIAL COURT NO. 38089 HONORABLE WILLIAM G. CARMICHAEL, JUDGE.

L. PHILLIP CANOVA, JR., PLAQUEMINE, LA, ATTORNEY FOR PLAINTIFF-APPELLEE, ALL CRANE RENTAL OF GEORGIA.

LARRY N. GUY, BATON ROUGE, LA, ATTORNEY FOR DEFENDANT-APPELLANT, RICKY VINCENT D/B/A TREE, SURGERY BY RICKY VINCENT.

JAY RUSSELL SEVER, KARL H. SCHMID, NEW ORLEANS, LA, ATTORNEYS FOR DEFENDANT-APPELLEE, SCOTTSDALE INSURANCE COMPANY.

KEVIN P. LANDRENEAU, BATON ROUGE, LA, ATTORNEY FOR 3RD PARTY DEFENDANTS-APPELLEES, WILLIAMS INSURANCE AGENCY AND VANSTON INS. CO.

BEFORE: CARTER, C.J., GUIDRY, AND PETTIGREW, JJ.

PETTIGREW, J.

In this appeal, defendant challenges a trial court judgment granting a motion for summary judgment. The October 16, 2008 judgment at issue simply states: “IT IS ORDERED, ADJUDGED AND DECREED that the motion for summary judgment by Scottsdale Insurance Company is GRANTED.” Louisiana courts require that a judgment must be precise, definite, and certain.Vanderbrook v. Coachmen Industries, Inc., 2001-0809, p. 11 (La. App 1 Cir. 5/10/02), 818 So.2d 906, 913. A final appealable judgment must 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 granted or denied. Johnson v. Mount Pilgrim BaptistChurch, 2005-0337, p. 3 (La. App. 1 Cir. 3/24/06), 934 So.2d 66, 67. The specific relief granted should be determinable from the judgment without reference to an extrinsic source such as pleadings or reasons for judgment.Vanderbrook, 2001-0809 at 11-12, 818 So.2d at 913.

This court’s appellate jurisdiction extends to “final judgments.” La. Code Civ. P. art. 2083; Van ex rel. Whitev. Davis, 2000-0206, p. 5 (La. App. 1 Cir. 2/16/01), 808 So.2d 478, 483. Because the October 16, 2008 judgment is defective in that it does not contain decretal language, we cannot consider it as a final judgment for the purpose of an immediate appeal. La. Code Civ. P. art. 1915(B). This court lacks jurisdiction to review this judgment. Therefore, we dismiss the appeal, without prejudice, and remand this matter to the trial court for further proceedings in accordance with Uniform Rules — Courts of Appeal, Rule 2-16.2(A)(1). Costs of this appeal are to be shared equally by the parties.

APPEAL DISMISSED, WITHOUT PREJUDICE; REMANDED.

jdjungle