judgments and post judgment actions

Question 0

when shall a court issue written findings of fact and reasons for judgment?

Answer 0

in all appealable contested cases, other than jury trials, the court shall issue written findings of fact and reasons for judgment if requested by a party within 10 days of the mailing of the notice of signing of judgment. In a nonjury personal injury case, the court shall issue findings of fact, but not reasons for judgment, whether or not requested by a party to do so

Question 1

you believe the trial courts ruling is incorrect, and would like better understanding of rasons for decision beyond simple statement. what can you do and what limitations?

Answer 1

you may request the court to provide in writing its findings of fact and reasons for judgment, provided it is made within 10 days after mailing of notice of signing of judgment.

Question 2

defendant gets res judicata exception, dismissing from law suit. notice of judgment mailed jan 20, rec’d jan 25. Formal judgment has no designation of any kind by court. can it be appealed? if so what deadlines?

Answer 2

when a court dismisses one party from a suit, a final judgment can be rendered and signed by the court without express designation by court that it is an appealable final judgement.

the delay to file appeal begins to run from date of mailing. A suspensive or devolutive appeal must be taken within 30 or 60 days of time for filing motion for new trial or JNOV, which in turn is within 7 days exclusive of holidays of mailing of notice of signing of judgment.

Question 3

what is an interlocutory judgment?

Answer 3

does not determine the merits. appeal may only be taken from it if provided by law, otherwise must seek supervisory writ or appellate review after trial on the merits.

Question 4

explain final judgment requirements

Answer 4

must be signed by the judge
clerk must mail notice of signing of judgment to all counsel and unrepresented party and file certificate of mailing in the record.

Question 5

explain partial final judgment

Answer 5

final judgements may be rendered by the court even though the successful party is not granted all the relief prayed for, or all the issues have not been adjudicated when the court:
dismisses the suit as to less than all parties
grants motion for judgment on pleadings
grants motion for summary judgment
signs judgment on principal or incidental demand when tried separately
signs judgment on issue of liability when it has been tried separately by the court.

Note: when court renders a partial judgment or partial summary judgment the judgment is not a final judgment unless designated by the court.

Question 6

what is the delay for requesting service of citation on all named defendants in a civil action? if it is not timely made, what action can be taken to obtain dismissal?

Answer 6

service of citation must be requested on all named defendants within 90 days of commencement of the action. the action may be dismissed either by the defendant upon whom citation was not timely requested by filing declinatory exception of insufficiency of service of process or by a contradictory motion to dismiss for failure to request timely service filed by any other party

Question 7

What happens when a defendant is not served?

Answer 7

a judgment dismissing the action without prejudice must be given for a defendant whose service has not been requeted within 90 days of commencement of the action on contradictory motion of any party or on sustaining a declinatory exception filed by defendant unless good cause is shown why service could not be requested.

Question 8

what must an applicant show in order to obtain a temporary restraining order

Answer 8

1. verified petition or supporting affidavit
2. Immediate and irreparable injury, loss, damage
3. Will result to appliant before adverse party can be heard in opposition
4. applicant attorney certifies in writing to the court the efforts he made to give notice to the opposition or reasons notice should not be required.