Quote Quoting adjusterjack
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I disagree. You appeal the judge's "decision" which was to ignore your motion and grant the other party's motion.

I see a couple of issues that might work against you.

According to LRS C.C.P Art 561A(4)

"A motion to set aside a dismissal may be made only within thirty days of the date of the sheriff's service of the order of dismissal."


No. Even if your motion had been granted, the plaintiff would have found out about the motion anyway and would have had 30 days to file a motion to set aside the dismissal. If the motion to set aside the dismissal had been denied then they could have appealed the denial.

https://legis.la.gov/Legis/Law.aspx?d=112183

According to the Supreme Court of Louisiana:



Quoted from:

http://www.lasc.org/opinions/2001/00cc3010.opn.pdf

(The 5 years mentioned in the case citation has apparently been changed to 3 years by statute.)

Another thing is that judges disfavor dismissals when a case can be adjudicated on its own merits.

I'm guessing that your next step might be to file a motion for reconsideration on the grounds that exception 1 has not happened and the judge erred in granting the motion for the substitution of plaintiff.

That cannot be ex parte so you would have to serve the motion on the plaintiff who would have the opportunity to respond with an explanation of why exception 1 applies.

It's anybody's guess as to how the judge will rule on that.

But if he rules against you I hope you are prepared to raise a defense based on not owing the money rather that some technicality that you manage to come up with.

HE CANNOT appeal. This is NOT a final appealable order. He can appeal this when the case is finished. He should have objected to lack of standing by the plaintiff and because he didn't (he filed on the wrong grounds) he lost that argument because they filed to substitute.

Did you serve the other side a copy of your motion to dismiss?