Franks v. West Jefferson Medical Center
Franks v. West Jefferson Medical Center
Opinion of the Court
Plaintiff appeals a judgment of the trial court which dismisses her action for damages against the West Jefferson Medical Center and other defendants. West Jefferson filed a motion to dismiss the appeal as untimely. The motion was referred to the merits of the appeal by order of this Court on October 4, 1996.
Judgment in this matter was rendered on April 30, 1996. Notice of signing of judgment was mailed on the same day. No new trial motion was filed. Request for reasons for judgment were filed on May 6, 1996.
LSA-C.C.P. art 2087 provides that a devol-utive appeal must be taken within sixty days of the appealable judgment when no motion for new trial has been filed. A judgment and reasons for judgment are two separate and distinct legal documents and appeals are taken from the judgment, not the written reasons for judgment. Ziegel v. South Central Bell, 93-547 (La.App. 5 Cir. 3/16/94), 635 So.2d 314, 316. The appealable judgment in this case is the final judgment rendered by the trial court on April 30,1996. The appeal motion in this matter was filed well past the sixty day limit. Consequently, the appeal is untimely and is hereby dismissed.
MOTION TO CONSOLIDATE GRANTED; APPEAL DISMISSED.
. 96-CM-740.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.