Louisiana Court of Appeal, 2021

Scott Gurney, in his capacity as the Trustee of the Gurney Family Trust v. Josh P. McCoy

Scott Gurney, in his capacity as the Trustee of the Gurney Family Trust v. Josh P. McCoy
Louisiana Court of Appeal · Decided February 18, 2021

Scott Gurney, in his capacity as the Trustee of the Gurney Family Trust v. Josh P. McCoy

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SCOTT GURNEY, IN HIS NO. 2020 CW 1129 CAPACITY AS THE TRUSTEE OF THE GURNEY FAMILY TRUST

VERSUS

JOSH P. MCCOY FEB 1 s 2021

In Re: Josh P. McCoy, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 670818.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. Once a judgment containing proper decretal language is rendered on the remaining issues of attorneys' fees and costs, the judgment herein will constitute a final and appealable judgment. 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.

The specific nature and amount of damages should be determinable from a judgment so that a third person is able to determine from a judgment the amount owed without reference to other documents.

Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 2017- 1250 ( La. App. lst 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 defendant, Josh P. McCoy, be will entitled to file a motion for an appeal therefrom in accordance with applicable law.

VGW JEW WRC

COURT OF APPEAL, FIRST CIRCUIT

ei .SSV DEPUTY CLERK OF COURT FOR THE COURT

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