Supreme Court of Louisiana, 2018

Williams v. Hosp. Serv. Dist. No.1 of Tangipahoa Parish

Supreme Court of Louisiana · Decided December 17, 2018

258 So. 3d 584 (Southern Reporter, Third Series)

Cases that cite this one

5 later published cases cite this decision.

Diamond Services Corporation v. Cobbs, Allen, & Hall of Louisiana, Inc.; Dual Corporate Risks, Ltd.; Lloyd's Syndicate NVA 2007; Lloyd's Syndicate SKD 1897; Lloyd's Syndicate 4711 ASP; and Lloyd's Syndicate 1200 AMA (La. Ct. App. 2024)
Succession of Maggie McClendon Ard (La. Ct. App. 2019)
State Of Louisiana v. Patrick Gilton (La. Ct. App. 2024)
Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc. (La. Ct. App. 2019)
Matthew A. Dephillips, Individually, and on behalf of all others similarly situated v. Hospital Service District No. 1 of Tangipahoa Parish, d/b/a North Oaks Medical Center/North Oaks Health System (La. Ct. App. 2019)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM

Writ granted. Pursuant to La. Const. Art. V, § 5 and § 10, appeals are constitutionally guaranteed. This Court has consistently held that appeals should not be dismissed for a mere technicality. See U.S. Fire Ins. Co. v. Swann, 82-1143, (La. 11/29/82), 424 So.2d 240, 244-45 (citing *585Davidge v. Magliola, (La. 1977), 346 So.2d 177 ; Howard v. Hardware Mutual Company, 286 So.2d 334 (La. 1973) ; Louisiana Power and Light Company v. Lasseigne, 255 La. 579, 232 So.2d 278 (1970) ; Favrot v. Favrot, 252 La. 192, 210 So.2d 316 (1968) ; Kirkeby-Natus Corporation v. Campbell, 250 La. 868, 199 So.2d 904 (1967) ).

While a judgment denying a motion for new trial is an interlocutory order and is normally not appealable, when a motion for appeal refers by date to the judgment denying a motion for new trial, but the circumstances indicate that the appellant intended to appeal from the final judgment on the merits, the appeal should be maintained as taken from the judgment on the merits. Byrd v. Pulmonary Care Specialists, Inc. , 2016-0485 (La. App. 1 Cir. 12/22/16), 209 So.3d 192, 195.

We find the motion and order for appeal was properly taken from the only final judgment rendered in this consolidated matter, which was the dismissal of the plaintiff Earnest Williams' claims. Accordingly, we reinstate the appeal and remand to the First Circuit for further consideration.

APPEAL REINSTATED AND REMANDED TO THE COURT OF APPEAL FOR FURTHER PROCEEDINGS.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.