STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT U. S. BANK NATIONAL NO. 2020 CW 1311 ASSOCIATION AS TRUSTEE FOR REMSI 200557 VERSUS

WALTER C. DUMAS JANUARY 28, 2021

In Re: Walter C. Dumas, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 610504.

BEFORE: THERIOT, WOLFE, AND HESTER, JJ.

STAY DENIED; WRIT DENIED. Although the judgment at issue purports to be a final and appealable judgment, it lacks appropriate decretal language. See La. Code Civ. P. art. 1918; see also Matter of Succession of Porche, 2016- 0538 ( App. 1st La. Cir. 2/ 17/ 17), 213 So - 3d 401, 405- 06.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 is ruling 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 judgment a the amount owed without reference to other documents. Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 2017- 1250 ( La. App. 1st 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, Walter C.

Dumas, will be entitled to file a motion for an appeal therefrom in accordance with applicable law, which may include review of all adverse interlocutory rulings prejudicial to him, in addition to the final judgment.

MRT EW CHH

COURT OF APPEAL, FIRST CIRCUIT

EPUTX CL RK OF COURT FOR THE COURT