Brothers Roofing v. Wolfe World, L.L.C. d/b/a Wolfman Construction

Application for Supervisory Writ

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This is an application for writ to the Louisiana Fourth Circuit Court of Appeals, requesting that the appeals court use its supervisory authority to reverse a decision made by the Orleans trial judge, Honorable Herbert Cade, Division K.

The litigation concerns a construction contract dispute between Brothers Roofing and Wolfman Construction. Plaintiff brought a summary judgment motion arguing that the Defendant had agreed to pay the Plaintiff "at least" $5,000.00, or in other words, that Defendant had judicially confessed in a deposition to owing this amount.

Defendant argued that judicial confessions can not be made (or only rarely can be made) by parties during depositions according to Louisiana jurisprudence, and that the granting of summary judgment on this issue was improper.

While the Defendant originally wanted to appeal the judgment, Judge Cade designated the "partial" judgment as "interlocutory." The Defendant took this writ to argue that the judgment should be designed as final and not interlocutory, and therefore, that it should be capable of appealing the same.

This writ discusses the differences between final and interlocutory orders, and what types of final judgments are appealable versus those that are not. Further, it ends with an argument that the judgment finding an existence of the judicial confession should be reversed.

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Reference Info:Appellate Brief | State, 5th Circuit, Louisiana | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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