Banks v. State Farm Insurance Co‪.‬

In this case, the trial court granted a partial summary judgment on the issue of liability alone "in favor of Walter L. Banks and against the defendant, Carolyn L. Allen." The court also rejected all claims of comparative negligence pled by the defendants against Walter Banks. Furthermore, the attorneys for plaintiff and defendants agreed that the partial judgment was a "final judgment" in accordance with Louisiana Code of Civil Procedure Article 1915(B)(1). The order of appeal signed by the district court Judge granted defendants, Carolyn L. Allen and State Farm Insurance Company, a devolutive appeal "from the Final Judgment" rendered by the trial court. However, the order of appeal made no express determination as required by La. C.C.P. art. 1915(B) that there is no just reason for delay of an immediate appeal.