PARKER v. FINCH (2020)

Writ application granted. See per curiam.

Granted. In the interest of justice, the case is remanded to the court of appeal, which is directed to convert relator's appeal to an application for supervisory writs and to consider the application on the merits.

The court of appeal correctly held the August 27, 2019 judgment is not a final, appealable judgment because it lacks decretal language. See Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 17-1250 (La. App. 1 Cir. 12/20/18), 268 So.3d 1044, 1046 (en banc). Lacking jurisdiction, the court of appeal properly dismissed the appeal. See Id. The trial court, which retains jurisdiction over the non-final judgment, has the authority to revise the judgment at any time to include the decretal language necessary to render its ruling appealable. Once amended, the judgment would be appealable at that time. The majority's approach--remanding to the court of appeal with an order to convert the appeal to a writ application-undermines the appellate court's effort to require proper judgments in appealable matters.

Crain, J., dissents and assigns reasons.