Rosen v. State Farm Mutual Automobile Insurance Co.
Steven ROSEN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
In re Rosen, Steven, et al.; Fuller, Robin Renee; Rosen, Robin Renee Fuller;—Plaintiff(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court, Div. M, No. 92-18044; to the Court of Appeal, Fourth Circuit, No. 2002-CA-1447.
Writ denied.
CALOGERO, C.J., concurs in denial and assigns reasons.
Concurrence
Text extracted by OCR from a scanned original; check the original for exact wording.
CALOGERO, Chief Justice,
concurs in the denial of the writ application and assigns the following reasons:
The court of appeal’s ruling, which dismisses plaintiffs’ appeal without prejudice because the district court failed to designate its interlocutory ruling as a final and appealable judgment, causes plaintiffs no significant hardship. In F. Maraist & H. Lemmon, Louisiana Civil Law Treatise, Civil Procedure § 12.1 at n. 6 (1999), the authors observe that there is no time limit specified for the commencement of the delay for appealing:
LSA-C.C.P. art.1915 does not provide the method for seeking the designation; presumably, this is done by motion to designate the judgment as final. Moreover, there is no time limit specified for the commencement of the delay for appealing. ...
Because there are no time limits for requesting that the judgment be designated as appealable, plaintiffs may file a second motion to designate the judgment as immediately appealable.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.