Edgefield v. Audubon Nature Inst., Inc.

Decision Date18 January 2019
Docket NumberNO. 2018-CC-1782,2018-CC-1782
Citation261 So.3d 776 (Mem)
Parties Carl EDGEFIELD v. AUDUBON NATURE INSTITUTE, INC., Audubon Commission and Scottsdale Insurance Company
CourtLouisiana Supreme Court

ON SUPERVISORY WRITS TO THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS

PER CURIAM

Granted. We find the court of appeal erred in construing relator's appeal as being limited to the September 26, 2017 judgment denying the motion for new trial. As explained by the dissenting judge in the court of appeal, the arguments in relator's appellate brief are broad enough to encompass both the September 7, 2017 final judgment granting summary judgment and dismissing relator's suit with prejudice as well as the September 26, 2017 interlocutory judgment denying the motion for new trial.

It is well settled that appeals are favored in the law and should be maintained unless a legal ground for dismissal is clearly shown. U.S. Fire & Insurance Co. v. Swann , 424 So.2d 240 (La. 1982). In the absence of any clear indication that relator intended to limit his appeal to the September 26, 2017 interlocutory judgment, we fi...

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10 cases
  • Edgefield v. Audubon Nature Inst., Inc.
    • United States
    • Court of Appeal of Louisiana — District of US
    • March 27, 2019
    ...Mr. Edgefield intended to appeal the trial court's granting of Defendants' Motion for Summary Judgment. Edgefield v. Audubon Nature Inst., Inc. , 18-1782 (La. 1/18/19), 261 So.3d 776.On remand, Mr. Edgefield asserts that the trial court erred by granting Defendants' Motion for Summary Judgm......
  • Daigrepont v. Exxon Mobile Corp.
    • United States
    • Court of Appeal of Louisiana — District of US
    • December 22, 2021
    ...is served by dismissing Warmer's valid appeal.Given that appeals are favored in the law, see Edgefield v. Audubon Nature Institute, Inc., 2018-1782 (La. 1/18/19), 261 So.3d 776 (per curiam), for the forgoing reasons, we maintain Wanner's appeal. Accordingly, Setpoint's motion to dismiss is ......
  • Alexander v. Centanni
    • United States
    • Court of Appeal of Louisiana — District of US
    • January 27, 2021
    ...p. 3 (La. App. 4 Cir.Page 9 5/18/16), 193 So.3d 397, 398. See also Edgefield v. Audubon Nature Inst., Inc., 18-1782, p. 1 (La. 1/18/19), 261 So.3d 776; Clotworthy v. Scaglione, 11-1733, p. 3 (La. App. 4 Cir. 5/23/12), 95 So.3d 518, 520. Accordingly, while Mr. Alexander did not expressly app......
  • Everett v. Air Prods. & Chemicals
    • United States
    • Court of Appeal of Louisiana — District of US
    • May 2, 2023
    ... EMILY EVERETT v. AIR PRODUCTS AND CHEMICALS, INC., ET AL. EMILY EVERETT v. AIR PRODUCTS AND CHEMICALS, ... hearing on a motion for new trial.'" Edgefield ... v. Audubon Nature Institute, Inc. , 17-1050, p. 4 ... ...
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