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Rain CII Carbon, LLC v. Turner Industries Group, LLC

Citations: 161 So. 3d 688; 14 La.App. 3 Cir. 121; 2014 La. App. LEXIS 714; 2014 WL 1051909Docket: No. CA 14-121

Court: Louisiana Court of Appeal; March 19, 2014; Louisiana; State Appellate Court

Narrative Opinion Summary

Victory Energy Operation, LLC's appeal has been dismissed by the court as it was taken from a non-appealable judgment. Victory had initially filed a motion for suspensive appeal following a trial court ruling that denied its exceptions related to venue and jurisdiction. However, the appeal was filed more than thirty days after the trial court's verbal ruling, which is outside the permissible timeframe for filing a supervisory writ application. Although Victory sought to convert its appeal into an application for a supervisory writ, the court clarified that the time limits for filing such a writ begin with the verbal ruling, not the subsequent written judgment. Consequently, since Victory's motion for appeal was not timely, the court could not classify it as a proper notice of intent to seek supervisory writs. Therefore, the appeal was dismissed, and the court declined to allow Victory to convert its appeal into a supervisory writ application due to its untimeliness.

Legal Issues Addressed

Conversion of Appeal to Supervisory Writ

Application: Victory Energy Operation, LLC's attempt to convert its appeal into a supervisory writ application was denied due to the untimeliness of the initial appeal filing.

Reasoning: The court declined to allow Victory to convert its appeal into a supervisory writ application due to its untimeliness.

Non-Appealable Judgment

Application: The court dismissed the appeal filed by Victory Energy Operation, LLC because it was taken from a judgment that is not subject to appeal.

Reasoning: Victory Energy Operation, LLC's appeal has been dismissed by the court as it was taken from a non-appealable judgment.

Timeliness of Filing Supervisory Writs

Application: The court emphasized that the time limits for filing a supervisory writ application began with the trial court's verbal ruling, not the written judgment.

Reasoning: The court clarified that the time limits for filing such a writ begin with the verbal ruling, not the subsequent written judgment.