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Audubon Trace Condominium Ass'n v. Smith
Citations: 708 So. 2d 1064; 1998 La. App. LEXIS 192; 1998 WL 34065Docket: No. 97-CA-1082
Court: Louisiana Court of Appeal; January 21, 1998; Louisiana; State Appellate Court
An appeal was initiated by the Audubon Trace Condominium Association, Inc. (ATCA) against Richard Smith and Richard Smith, Ltd., seeking a mandatory injunction to prevent Smith from placing business signs on condominium property, operating a real estate business in a condominium unit, and using the name "Audubon Trace" for his corporate business. Cross motions for summary judgment were filed by both ATCA and Smith, resulting in the trial judge denying ATCA's motion and granting Smith's, which partially dismissed ATCA’s petition. The judge referred the remaining issue regarding Smith’s use of the corporate name for further consideration. On appeal, ATCA contended that the judgment was final and appealable as the trial judge dismissed some claims "with prejudice" and signed an order granting an appeal. However, La.Code Civ. P. art. 1915(B) specifies that a partial judgment does not constitute a final judgment unless it is explicitly designated as such by the court and there is an express determination that there is no just reason for delay. The court found that these requirements were not satisfied in this case. Consequently, the matter was remanded for an evidentiary hearing to determine whether the July 7, 1997 judgment should be designated as final according to the stipulations of article 1915. The case was also removed from the docket scheduled for February 4, 1998, and it was noted that there was no specific agreement in the record between the parties regarding the judgment's finality.