Green v. Lee
Green v. Lee
Opinion of the Court
| Appellant, Keith Green, Jr., appeals a judgment signed November 17, 2015, which purportedly rescinds a previous award of attorney fees. For the reasons that follow, this appeal is dismissed without prejudice, the November 17, 2015 judgment is vacated, and the matter is remanded for further proceedings.
On March 5, 2015, appellant filed a petition for declaratory judgment brought pursuant to La. R.S. 44:35A
On April 29, 2015, appellee, Mr. Lee, in proper person, filed a motion for new trial and to rescind the judgment.
IT IS ORDERED, ADJUDGED AND DECREED that defendants’ Motion for New Trial and To Rescind the Judgment is DENIED
The judgment rendered by the court is not contrary to law. There has been no showing that the judgment was obtained through fraud and ill-practices.
FURTHER, IT IS ORDERED that the court’s previous award of attorney fees is hereby RESCINDED. “Recovery of attorney fees is not available to one who represents himself because attorney has incurred no-out of pocket expenses.” (Footnote omitted.) All other monetary awards, i.e. court costs and civil penalties, are still valid and enforceable. (Emphasis in original.)
This appeal by appellant followed.
Discussion
A judgment is the determination of the rights of the parties in an action and may award any relief to which the parties are entitled. La. C.C.P. art. 1841. This Court cannot determine the merits of an appeal unless our jurisdiction is properly invoked by a valid, final judgment. Oregan v. Cashio, 15-612 (La.App. 5 Cir. 1/27/16), 185 So.3d 885, 887. A final judgment shall be identified as such by appropriate language. La. C.C.P. art. 1918.
A valid judgment must be precise, definite, and certain. Blanke v. Duffy, 05-829 (La.App. 5 Cir. 3/28/06), 927 So.2d 540, 541. A final 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 specific relief that is granted or denied. Claiborne Medical Corp. v. Siddiqui, 12-759 (La.App. 5 Cir. 2/28/13), 113 So.3d 1109, 1112. The specific relief granted should be determinable without reference to an extrinsic source such as pleadings or reasons for judgment. Id.
The purported November 17, 2015 judgment on appeal contains conflicting
However, pursuant to La. Const, art. V, § 10, this Court has supervisory jurisdiction over cases which arise within its circuit Accordingly, we exercise our supervisory jurisdiction to vacate the defective November 17, 2015 judgment solely for the reasons set forth above, and remand this matter for further proceedings.
Conclusion
For the reasons stated above, this appeal is dismissed without prejudice, the November 17, 2015 judgment is vacated, and the matter is remanded for further proceedings consistent with this opinion.
APPEAL DISMISSED; JUDGMENT VACATED; REMANDED
. La. R.S. 44:35A provides: "Any person who has been denied the right to ... obtain a copy ... of a record under the provisions of this Chapter, ... may institute proceedings for ... declaratory relief, together with attorney fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.”
. La. R.S. 18:1300.5 provides: "Upon the signature of the first elector, the recall petition, including the name, address, and signature of each elector who has signed thereon, shall be
. Appellee's motion for new trial was found to be timely because the Clerk of Court did not mail a notice of judgment with the April 10, 2015 judgment, and therefore the delay for applying for new trial never commenced to run against the appellee,
Reference
- Full Case Name
- Keith GREEN, Jr. v. Demond LEE, in his Official Capacity as Chairman of the Committee to Recall Bridget A. Dinvaut, District Attorney for the Parish of St. John the Baptist and Patricia M. Trosclair, in her Official Capacity as Vice-Chairman of the Committee to Recall Bridget A. Dinvaut, District Attorney for the Parish of St. John the Baptist
- Cited By
- 1 case
- Status
- Published