Background
Demoran Donuts Plus, LLC, Demoran Chicken, LLC, and Demoran Foods, LLC were defendants in an eviction proceeding brought by 2700 Gen Degaulle, LLC in the 22nd Judicial District Court for St. Tammany Parish.
The defendants moved to continue the eviction hearing. After the trial court denied that motion in an interlocutory judgment, they applied to the Louisiana Court of Appeal, First Circuit, for supervisory review.
The Court’s Holding
The First Circuit did not consider the defendants’ writ application. It explained that a judgment granting an eviction is a final, appealable judgment under Louisiana Code of Civil Procedure article 4735.
The court further observed that, if a final judgment is issued, the jurisprudence does not suggest that an interlocutory judgment may be appealed without also seeking review of the final judgment. The court therefore declined to consider the writ challenging only the denial of the continuance.
Key Takeaways
- The court did not decide whether the trial court correctly denied the motion to continue.
- A Louisiana judgment granting eviction constitutes a final, appealable judgment.
- A party seeking review after entry of a final judgment should also seek review of that final judgment rather than challenging only an earlier interlocutory ruling.
Why It Matters
The disposition underscores the importance of choosing the proper procedural vehicle and identifying the judgments for which review is sought in expedited eviction litigation. A writ directed solely at an interlocutory continuance ruling may not be considered when a final eviction judgment provides an avenue for appeal.