RICHARD AND JUDITH WILLIAMS v. UNITED STATES FIRE INSURANCE ET AL (2023)

Writ application granted. See per curiam.

JBM

JLW

JDH

SJC

JTG

WJC

PDG

Supreme Court of Louisiana January 18, 2023

Louisiana Code of Civil Procedure article 1911 A provides that “every final judgment shall contain the typewritten or printed name of the judge and be signed by the judge.”¹ “[N]o appeal may be taken from a final judgment until the requirement of this Article has been fulfilled.” La. C.C. P. art. 1911 B. With respect to a summary judgment, La. C.C.P. art. 968 states that summary judgments “are final judgments and shall be rendered and signed in the same manner and with the same effect as if a trial had been had upon evidence regularly adduced.” (Emphasis added).

This Court has held that, where a final judgment is not reduced to writing and signed by a judge, there is no final judgment “and no appeal [can] be taken. ․ In order to have ․ the force and effect of a final judgment ․ there [must] be a judgment signed by the judge rendering it.” Fisher v. Rollins, 91 So. 2d 28, 31 (La. 1956). See also, Carter v. Ameer LLC, 2018-0703, p. 3 (La. App. 4 Cir. 2/27/19), 265 So. 3d 922, 924 (“a final judgment must be reduced to writing. ․ “[A]n appellate court reviews written judgments. ․”) (Internal citations omitted); Wynne v. Parlay's, Inc., 97-1170 (La. App. 4 Cir. 11/5/97), 701 So. 2d 1369 (in considering an appeal from a judgment entered orally but never signed by the trial court: “the absence of a signed judgment is fatal to [plaintiffs’] appeal ․ Since there is no signed judgment the appeal must be dismissed as premature.”).

In the instant matter, while the trial court orally granted summary judgment in Respondents’ favor, it failed to render a written judgment. Accordingly, based on the foregoing, the record contains no final, appealable judgment. We therefore grant the writ application solely to vacate the Court of Appeal's judgment and remand this matter to the trial court for further proceedings.

FOOTNOTES

1.   Moreover, a “final judgment. . . shall be identified as such by appropriate language; shall be signed and dated; and shall, in its decree, identify the name of the party in whose favor the relief is awarded, the name of the party against whom the relief is awarded, and the relief that is awarded. If appealed, a final judgment that does not contain the appropriate decretal language shall be remanded to the trial court. ․” La. C.C.P. art. 1918 A.

PER CURIAM