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O'Connor v. Nelson7/26/2005
d shall not constitute a final judgment for the purpose of an immediate appeal. Any such order or decision issued may be revised at any time prior to rendition of the judgment adjudicating all the claims and the rights and liabilities of all the parties.
First, the judgment in this case does not adjudicate all the claims of all of the parties. Here, Danielle Larmeu remains a party plaintiff and Camille Spinelli and her insurer remain parties defendant. Further, there has been no consideration of the cross-claim and third-party demand made by Ronny Nelson. Second, the trial judge did not designate the judgment as final for purposes of immediate appeal, nor did she make a determination that there is no just reason for delay. Thus, we find that the judgment before us is not appealable. Accordingly, we will dismiss this appeal without prejudice. Brown & Root v. Matherne, 04-206 (La.App. 5 Cir. 7/27/04), 880 So.2d 77,79 (citing City of New Orleans v. Howenstine, 1998-2157 (La.App. 4 Cir. 5/5/99), 737 So.2d 197; Winkler v. Wadleigh Offshore, Inc., 2000-0151 (La.App. 4 Cir. 1/24/01), 781 So.2d 588.
For the foregoing reasons, this appeal is dismissed without prejudice, and the matter is remanded for further proceedings. All costs of this appeal are to be borne equally by the parties.
APPEAL DISMISSED
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