Brother's Roofing v. Wolfe World LLC d/b/a Wolfman Construction

Plaintiff's Memorandum To Treat Partial Summary Judgment as Final


Plaintiff (subcontractor) sued Defendant (general contractor) for payment under a subcontract. Plaintiff was awarded a partial summary judgment for the amount of $5,000.00, a portion of what it alleges is owed under the contract.

The trial judge, Honorable Cade of Orleans Civil District Court Division K, marked the judgment as "interlocutory," and denied Defendant's motion for an appeal.

This memorandum was requested by the judge with regard to Defendant's contention that the judgment should be final, and appealable.

Defendant argues that the motion should be final as per La. Civil Code of Procedure art 1841, since it does not decide a "preliminary matter" but is instead a partial judgment on the merits.

It argues that it should be immediately appealable as per La. C.C.P. art. 1915(A)(3), as a partial final summary judgment, or alternatively, should be designated as appealable as per La. C.C.P. art. 1915(B)(1).

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | 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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