ROSEN v. STATE FARM MUT. AUTO. INS., 03-0284 (La. 4/4/03)

CALOGERO, Chief Justice, concurs in the denial of the writ application and assigns the following reasons:

The court of appeal's ruling, which dismisses plaintiffs' appeal without prejudice because the district court failed to designate its interlocutory ruling as a final and appealable judgment, causes plaintiffs no significant hardship. In F. Maraist H. Lemmon, Louisiana Civil Law Treatise, Civil Procedure § 12.1 at n. 6 (1999), the authors observe that there is no time limit specified for the commencement of the delay for appealing:

LSA-C.C.P. art. 1915 does not provide the method for seeking the designation; presumably, this is done by motion to designate the judgment as final. Moreover, there is no time limit specified for the commencement of the delay for appealing. . . .

Because there are no time limits for requesting that the judgment be designated as appealable, plaintiffs may file a second motion to designate the judgment as immediately appealable.