Ryan Meilleur and Elray Clark v. LBC Baton Rouge, LLC and Cory Bonadona ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, Fl'RST CIRCUIT
RYAN MEILLEUR AND ELRAY NO. 2023 CW 0043
CLARK
VERSUS
LBC BATON ROUGE, LLC AND MARCH 2, 2023
CORY BONADONA
In Re: LBC Baton Rouge, LLC and Cory Bonadona, applying for
supervisory writs, 23rd Judicial District Court,
Parish of Ascension, No. 130482.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT DENIED. The district court's February 2, 2023 amended
judgment granting the motions for summary judgment filed by
Vecta Environmental Services, LLC and Nautilus Insurance Company
and dismissing all claims against those parties is a final,
appealable judgment pursuant to La. Code Ci v. P. art.
1915 (A) (3). The denial of a motion for summary judgment is an
interlocutory judgment and is appealable only when expressly
provided by law. However, where there are cross-motions for
summary judgment raising the same issues, this court can review
the denial of a cross-motion for summary judgment in addressing
the appeal of the granting of the motion for summary judgment.
Cypress Heights Academy v. CHA Investors, LLC, 2021-0820 (La.
App. 1st Cir. 6/7/22), 343 So.3d 736, 741, writs denied, 2022-
01284, 2022-01247 (La. 11/8/22), 349 So. 3d 574, 576. An appeal
of a final judgment can be taken by filing a motion for appeal
in the district court, along with an order for the judge's
signature showing the return date of the appeal, within the time
delays set out in La. Code Ci v. P. art. 2 0 8 7. Filing documents
directly with this court does not suspend the running of appeal
delays. See La. Code Civ. P. art. 2121; Strickland v.
Layrisson, 96-1280 (La. App. 1st Cir. 6/20/97), 696 So.2d 621,
writ denied, 97-1940 (La. 11/14/97), 704 So.2d 228.
JMG
EW
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT