A & a Construction, LLC v. Edward Donovan Gutierrez

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 10-1529 consolidated with CA 10-1528

A & A CONSTRUCTION, LLC VERSUS EDWARD DONOVAN GUTIERREZ

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APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT

PARISH OF LAFAYETTE, NO. 2009-2962 C/W 2009-1819 HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE

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SHANNON J. GREMILLION

JUDGE

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Court composed of Oswald A. Decuir, James T. Genovese, and Shannon J.

Gremillion, Judges.

REMANDED. B. Gerald Weeks The Weeks Law Firm 1150 Expressway Drive, Suite 205 Pineville, LA 71360 (318) 442-3045 Counsel for Plaintiff/Appellant:

Edward D. Gutierrez Cade Evans Megan E. Donohue John William Kolwe Jones, Walker, Waechter, Poitevant, Carrère & Denègre, LLP P. O. Drawer 3408 Lafayette, LA 70502-3408 (337) 262-9000 Counsel for Defendants/Appellees:

David M. Baldridge Alexis R. Baldridge GREMILLION, Judge.

In this consolidated matter, plaintiff/appellee, A&A Construction, LLC, filed suit against defendant/appellant, Edward D. Gutierrez, alleging that it is the creditor of Gutierrez and mortgagee of a collateral mortgage securing Gutierrez’s debt. The suit further alleges that Gutierrez is in arrears on that debt and owes A&A $180,000.00 at seven percent interest. The suit seeks foreclosure through ordinary process and recovery of reasonable attorney fees.

In the consolidated matter, Edward D. Gutierrez v. David M. Baldridge, 10- 1528 (La.App. 3 Cir. __/__/11), ___ So.3d ___, the trial court granted summary judgment in favor of Baldridge. We affirmed. Id. In the present matter, however, no judgment has been rendered by the trial court. “Appeal is the exercise of the right of a party to have a judgment of a trial court revised, modified, set aside, or reversed by an appellate court.” La.Code Civ.P. art. 2082. Because no judgment has been rendered from which an appeal has been taken, we remand the matter to the trial court for further proceedings.

REMANDED.