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COURT OF APPEAL
FIFTH CIRCUIT

MAXINE WEBSTER N lHO CCAR-C IT
PENN TREATY NETWORK AMERICA COURT OF APPEAL INSURANCE COMPANY AND AMERICAN NETWORK INSURANCE COMPANY AND STATE OF LOUISIANA NASH ROBERTS
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 663-716, DIVISION "D"
HONORABLE ROBERT M. MURPHY, JUDGE PRESIDING

SEPTEMBER 28, 2010

SUSAN M. CHEHARDY
JUDGE

Panel composed of Judges Susan M. Chehardy,
Clarence E. McManus, and Fredericka Homberg Wicker

HOLLIS SHEPHERD Attorney at Law 4220 Canal Street Second Floor New Orleans, Louisiana 70119 COUNSEL FOR APPELLANT, MAXINE WEBSTER
LANCE J. ARNOLD Attorney at Law 1100 Poydras Street Energy Centre, 22nd Floor New Orleans, Louisiana 70163 COUNSEL FOR APPELLEE, NASH ROBERTS
APPEAL DISMISSED
In this lawsuit for unpaid wages, employee, Maxine Webster, appeals from a judgment sustaining her former employer's exception of prescription in part and overruling the exception in part. The judgment appealed from is not a final, appealable judgment. Therefore, we dismiss this appeal without prejudice. Law and Analysis
Article 1915(B) of the Louisiana Code of Civil Procedure provides, in pertinent part, that:
(1)
When a court ... sustains an exception in part, as to one or more but less than all ofthe claims ..., the judgment shall not constitute a final judgment unless it is designated as a final judgment by the court after an express determination that there is no just reason for delay.

(2)
In the absence of such a determination and designation, any order or decision which adjudicates fewer than all claims ..., shall not terminate the action as to any of the claims or parties and 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.


After a review of the record, we note that the judgment on the exception of
prescription, which was sustained in part and overruled in part, does not adjudicate
all the claims between the parties. Further, the trial court did not designate the
judgment as final for purposes of immediate appeal, nor did it make a
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