Julie Runkle v. Louisiana Urology, LLC ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
JULIE RUNKLE NO. 2022 CW 0045
VERSUS
LOUISIANA UROLOGY, LLC, ET FEBRUARY 25, 2022
AL
In Re: Julie Runkle, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 638586.
BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.
WRIT DENIED IN PART; GRANTED IN PART. With regard to the
denial of the motion for new trial, the writ is denied. When an
unrestricted appeal is taken from a final judgment, the
appellant is entitled to seek review of all adverse
interlocutory rulings prejudicial to him, in addition to the
review of the final judgment. Thus, the interlocutory denial of
a motion for new trial is subject to review on appeal in
connection with the review of an appealable judgment in the same
case. Smith v. Funderburk, 2021- 0134 ( La. App. 1st Cir.
12/ 22/ 21), --- So. 3d ----, 2021 WL 6065809 ( Citations omitted).
This issue is more appropriately handled in connection with the
appeal of the unrestricted judgment with a complete record.
With regard to the amount of the suspensive appeal bond,
the portion of the district court' s December 22, 2021 order
which set the suspensive appeal bond at $ 9, 553. 50 is vacated.
La. Code Civ. P. art. 2124 provides that the amount of the
suspensive appeal bond when the judgment is for a
sum of money
is exclusive of costs. The portion of the December 1, 2021
judgment being suspensively appealed which granted, in part,
defendant' s motion to tax costs and awarded a
money judgment
against plaintiff is exclusively for costs, and therefore,
setting the amount of the bond in that same amount was error.
VGW
AHP
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY LERK OF COURT
FOR THE COURT