Brenda Maslinski v. Pathway South, LLC
Brenda Maslinski v. Pathway South, LLC
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT BRENDA MASLINSKI NO. 2025 CW 1264 VERSUS PATHWAY MANAGEMENT, INC., DECEMBER 11, 2025 PROVIDENCE CARE, L.L.C., AND DARLA RODGERS In Re: Clark Bergeron, Dawn Bergeron Walden, Kerwin Schultze, Jc., and Gwendolyn Pontiff, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 191169.
BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.
STAY DENIED; WRIT DENIED. For a judgment to be a final judgment, it must contain appropriate decretal language, identifying the name of the party in whose favor the relief is awarded, the name of the party against whom the relief is awarded, and the relief that is awarded. Succession of Simms, 2019-0936 (La. App. list Cir. 2/21/20), 297 So.3d 110, 115. The district court’s December 5, 2025 judgment granted motions to dismiss plaintiffs, Clark Bergeron, Dawn Bergeron Walden, Kerwin Schultze, Jr. and Gwendolyn Pontiff, but failed to specify the relief awarded, specifically dismissing the claims of those plaintiffs.
Accordingly, once a judgment with proper decretal language is signed, it will constitute a final, appealable judgment, subject to the parties’ rights of suspensive and/or devolutive appeal.
Moreover, we note that an order of appeal is premature if granted before the court disposes of all timely filed motions for new trial. See La. Code Civ. P. art. 2087(D).
MRT AHP KEB COURT OF APPEAL, FIRST CIRCUIT (\ ONO. SS. \A LS DEPUTY CLERK OF COURT FOR THE COURT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.