Piecemeal Appeals are Disfavored

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In a case where the plaintiff appealed the trial court’s judgment, which granted a partial summary judgment in favor of the defendant, the Louisiana Court of Appeal was faced with an incomplete judgment. In Gerald J. Asay v. SAFECO of Oregon, 2020 CA 0852, State Of Louisiana Court Of Appeal First Circuit (April 16, 2021) the court was faced with a situation where it was shown that the case would result in multiple appeals.

ZALMA OPINION

Insurance disputes often involve different issues when more than one condition or exclusion applies to a loss, claim or suit. In this case the trial court resolved one small part of the issues raised by Mr. Asay’s claim for declaratory relief. Since the trial court only resolved one of the issues and left several for resolution later or at trial it was improper to certify the judgment as final allowing an appeal. The Court of Appeal refused to take on the issue until the case is complete in the trial court and sent it back until all issues are resolved and the potential for piecemeal appeals are disposed of by the trial court.