Avmi, L.L.C., and Anne Cannon, Individually, and on Behalf of All Others Similarly Situated Versus Metairie Towers Condominium Association, Inc., Metairie Towers Board of Directors, Through Its Individual Members, Ron Carter, Betty Miles, Ellyn Meier, Carolyn Diaz, Jennifer Fagan, Mary Kay Zahn, & Anne Babst, Strategic Claims Consultants, LLC, Gno Property Management, L.L.C., Burlington Insurance Company, Greenwich Insurance Company, Federal Insurance Company, Interstate Fire & Casualty Insurance Company, Abc Insurance Company, Def Insurance Company, and Ghi Insurance Company
CourtLouisiana Court of Appeal
Date FiledOctober 20, 2026
Docket26-CA-191
JudgeDonald L. Foret
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
__________
No. 26-CA-191
________________
AVMI, L.L.C., ET AL
versus
METAIRIE TOWERS CONDOMINIUM ASSOCIATION, INC., ET AL
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 839-979, DIVISION "H"
HONORABLE DONALD L. FORET, JUDGE PRESIDING
October 20, 2026
JUDE G. GRAVOIS
JUDGE
Panel composed of Judges Jude G. Gravois,
Marc E. Johnson, and John J. Molaison, Jr.
APPEAL DISMISSED
JGG
MEJ
JJM
PLAINTIFF/APPELLANT,
ASHTON R. O'DWYER, JR.
In Proper Person
COUNSEL FOR PLAINTIFF/APPELLEE,
ANNE CANNON, INDIVIDUALLY AND ON BEHALF OF THOSE
SIMILARLY SITUATED
Kevin O. Larmann
Shannon M. Frese
George B. Recile
Eric J. O'Bell
COUNSEL FOR DEFENDANT/APPELLEE,
EVANSTON INSURANCE COMPANY
Danica B. Denny
Kathleen P. Rice
Phoebe A. Hathorn
Patrick J. Schepens
COUNSEL FOR DEFENDANT/APPELLEE,
SCOTTSDALE INSURANCE COMPANY
Jay R. Sever
Tucker T. Bohren
Michael N. Beekhuizen
GRAVOIS, J.
Appellant, Ashton R. O’Dwyer, Jr., appeals the trial court’s
January 20, 2026 judgment which denied his “Express Revocation of
the ‘Class Action Claim Form’ Signed by Ashton O’Dwyer on
September 25, 2025 and Verified Motion for Recission [sic] of the
Claim Due to CC Art. 1948 Vices of Consent, Including Particularly
Fraud.” For the reasons that follow, we dismiss this appeal with
prejudice.
FACTS AND PROCEDURAL HISTORY
In this class action matter, owners of condominium units in
Metairie Towers, a 219-unit condominium complex located at 401
Metairie Road in Metairie, Louisiana, filed suit alleging that, in the
aftermath of Hurricane Ida, defendants mismanaged the procurement
of insurance for the complex and mishandled the resulting insurance
claims and proceeds, as well as the remediation, repair, and restoration
of the property. Mr. O’Dwyer, the owner of Unit 330, is a member of
the class under the July 31, 2024 class certification order.
On August 18, 2025, the trial court preliminarily approved a
partial class action settlement with three defendants: Interstate Fire &
Casualty Company, Evanston Insurance Company, and Scottsdale
Insurance Company. The class members were notified to submit their
opt-out form or proof of claim form by September 26, 2025. Mr.
O’Dwyer submitted the proof of claim form as well as an objection to
the settlement. He did not submit an opt-out form. A final approval
hearing took place on October 6, 2025, and on the same date, the trial
court signed a final approval order of the partial class action settlement.
On October 27, 2025, Mr. O’Dwyer filed a motion for devolutive
appeal of the October 6, 2025 final approval order of the partial class
action settlement. The trial court granted the motion for appeal on
November 3, 2025.
On December 15, 2025, Mr. O’Dwyer filed an “Express
Revocation of the ‘Class Action Claim Form’ Signed by Ashton
O’Dwyer on September 25, 2025 and Verified Motion for Recission
26-CA-191 1
[sic] of the Claim Due to CC Art. 1948 Vices of Consent, Including
Particularly Fraud.” In his pleading, Mr. O’Dwyer argued that he only
signed and submitted the claim form for the first partial settlement so
that he would have “standing” to object to the settlement and to appear
at the fairness hearing; he did not wish to accept any settlement money.
He asserted he was deceived about the settlement’s scope, and he
wished to rescind his claim due to fraud by class counsel and other
officers of the court. On December 30, 2025, Mr. O’Dwyer filed a
supplemental memorandum in support of his motion, arguing he is
entitled to a do-over of his decision not to opt-out. In support, he
submitted an opt-out form dated December 13, 2025.
Following a hearing on January 9, 2026, the trial court signed a
written judgment on January 20, 2026 denying Mr. O’Dwyer’s
“Express Revocation of the ‘Class Action Claim Form’ Signed by
Ashton O’Dwyer on September 25, 2025 and Verified Motion for
Recission [sic] of the Claim Due to CC Art. 1948 Vices of Consent,
Including Particularly Fraud.” On the same date, the trial court also
signed a judgment dismissing Mr. O’Dwyer’s appeal of the October 6,
2025 judgment as abandoned for failure to pay appeal costs.
On February 3, 2026, Mr. O’Dwyer filed a request for written
findings of fact and reasons for judgment, and the trial court issued
reasons for judgment on February 11, 2026. On March 2, 2026, Mr.
O’Dwyer filed a motion for a devolutive appeal of the trial court’s
January 20, 2026 judgment; the trial court granted the motion on March
3, 2026. This appeal followed.
LAW AND ANALYSIS
Before considering the merits in any appeal, appellate courts
have the duty to determine sua sponte whether appellate court
jurisdiction exists. Succession of Smith, 22-565 (La. App. 5 Cir.
5/24/23), 367 So.3d 800, 803. This Court cannot determine the merits
of an appeal unless our appellate court jurisdiction is properly invoked
by a valid final judgment. Id.
26-CA-191 2
On September 16, 2026, this Court ordered that the parties show
cause by brief only why this appeal should not be dismissed for lack of
appellate jurisdiction. On October 1, 2026, Mr. O’Dwyer filed a brief,
asserting that the January 20, 2026 judgment is a final, appealable
judgment. He argued that there is an immediate right of appeal pursuant
to La. C.C.P. art. 592 because he has alleged “fraud upon the Court”
and has always maintained that the class should never have been
certified and the class counsel should have been disqualified. Further,
he argued that the January 20, 2026 judgment cannot be interlocutory
since this is not a preliminary matter. He claimed that this class action
matter was effectively concluded by the October 6, 2025 final approval
order and judgment for the first partial class settlement and by the
November 21, 2025 final approval of the second and final proposed
class settlement. He argued the judgment at issue in this appeal ended
the litigation. Nonetheless, if this Court finds it does not have appellate
jurisdiction, he requests that this Court exercise its discretion and
convert the appeal to a supervisory writ application.
La. C.C.P. art. 1841 classifies judgments as either final
judgments that determine the merits in whole or in part, or interlocutory
judgments that determine only preliminary matters. Under La. C.C.P.
art. 2083(C), interlocutory judgments are appealable “only when
expressly provided by law.” La. C.C.P. art. 592 governs the
certification procedure of class actions. La. C.C.P. art. 592(A)(3)(c)
provides, in part: “[a] suspensive or devolutive appeal, as provided in
Article 2081 et seq., may be taken as a matter of right from an order or
judgment provided for herein.” This subsection has been interpreted
by this Court and other appellate courts as providing an immediate right
of appeal from judgments maintaining or refusing to maintain an action
as a class action. See Defraites v. State Farm Mutual Automobile
Insurance Co., 03-1081 (La. App. 5 Cir. 1/27/04), 864 So.2d 254, 257,
writ denied, 04-0460 (La. 3/12/04), 869 So.2d 832; Sutton Steel &
Supply, Inc. v. BellSouth Mobility, Inc., 07-146 (La. App. 3 Cir.
12/12/07), 971 So.2d 1257, 1263, writ denied, 08-94 (La. 3/14/08), 977
So.2d 931; Billieson v. City of New Orleans, 09-0410 (La. App. 4 Cir.
11/12/09), 26 So.3d 796, writ denied, 10-0064 (La. 6/4/10), 38 So.3d
26-CA-191 3
301. In Sellers v. El Paso Indus. Energy, L.P., 08-403 (La. App. 5 Cir.
2/10/09), 8 So.3d 723, 730-31, this Court limited an appeal afforded in
Article 592 to certification issues.
In Soileau v. Churchill Downs Louisiana Horseracing Co.,
L.L.C., 21-0022 (La. App. 4 Cir. 12/22/21), 334 So.3d 901, writ denied,
22-243 (La. 4/12/22), 336 So.3d 83, the appellants appealed the denial
of the plaintiffs’ motions to vacate a trial court order that preliminarily
approved a proposed class action settlement agreement that included
deadlines to opt-out, object, and submit a claim form. Id. at 909. The
Fourth Circuit explained that the judgment denying the motions to
vacate “determined preliminary matters and not the merits.” The court
further found “there is no law that expressly provides the right to appeal
the denial of a motion to vacate[,]” and therefore concluded that “the
proper procedural vehicle to seek review of an interlocutory judgment
is by the filing of an application for supervisory writs.” Id. at 928–29.
In Pollard v. Alpha Tech., 13-1239 (La. App. 4 Cir. 2/5/14), 131
So.3d 1123, the court found that a judgment: (1) granting a motion to
withdraw from a joint motion for preliminary approval of a settlement
agreement and certification of class action for settlement purposes; and
(2) denying the class plaintiffs’ countervailing motion to enforce the
preliminary settlement agreement was “clearly interlocutory” as it “did
not dismiss any party or adjudicate liability.” Id. at 1127–28.
In the present case, we conclude that the judgment at issue is an
interlocutory judgment since it does not resolve the merits of this
matter. Further, because the judgment at issue does not involve class
certification or decertification, but rather involves one class member’s
attempt to rescind a claim form, there is no right to an immediate appeal
under La. C.C.P. art. 592(A)(3)(c). Absent express statutory authority
to appeal such an interlocutory ruling, this Court lacks appellate
jurisdiction.
The proper vehicle to contest an interlocutory judgment is by
application for supervisory writ. See Short v. Burquera, 24-407 (La.
App. 5 Cir. 10/18/24), 398 So.3d 1224, 1226. It is not this Court’s
policy to convert jurisdictionally defective appeals into supervisory
26-CA-191 4
writ applications. In re Medical Review Panel Proceedings of Foster,
17-653 (La. App. 5 Cir. 3/28/18), 243 So.3d 1282, 1285. This Court,
in the interest of justice, permits parties—who use the improper
procedural vehicle of appeal instead of supervisory writ—to file a writ
application when a motion for appeal is filed within 30 days of the trial
court’s ruling. Id. In doing so, we construe the motion for appeal as a
notice of intent to seek a supervisory writ. Id. However, in the present
case, the March 2, 2026 motion for appeal was not filed within 30 days
of the January 20, 2026 judgment.
Accordingly, because this Court does not have appellate
jurisdiction to review the January 20, 2026 judgment, we dismiss this
appeal with prejudice.
CONCLUSION AND DECREE
For the foregoing reasons, this appeal is dismissed with
prejudice.
APPEAL DISMISSED
26-CA-191 5
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
OCTOBER 20, 2026 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
26-CA-191
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE DONALD L. FORET (DISTRICT JUDGE)
ERIC J. O'BELL (APPELLEE) GEORGE B. RECILE (APPELLEE) SHANNON M. FRESE (APPELLEE)
DANICA B. DENNY (APPELLEE) DANIEL E. SCHWANK (APPELLEE) KATHLEEN P. RICE (APPELLEE)
PATRICK J. SCHEPENS (APPELLEE) PHOEBE A. HATHORN (APPELLEE) JED M. MESTAYER (APPELLEE)
JAKE S. CLEMENTS (APPELLEE) ROBERT I. SIEGEL (APPELLEE) ANDRE C. GAUDIN (APPELLEE)
BRANDI F. ERMON (APPELLEE) CHARLES E. SUTTON, JR. (APPELLEE) CRAIG J. CANIZARO (APPELLEE)
KAREN M. DICKE (APPELLEE) MICHAEL D. LANE (APPELLEE) RACHAL D. CHANCE (APPELLEE)
CANDACE C. CHAUVIN (APPELLEE) CHARLES B. LONG (APPELLEE) KARL H. SCHMID (APPELLEE)
SIDNEY W. DEGAN, III (APPELLEE) GLEN E. MERCER (APPELLEE) STEPHEN C. RESOR (APPELLEE)
JOHN W. JOYCE (APPELLEE) LAURENCE D. LESUEUR, JR. (APPELLEE) CATHERINE F. GIARRUSSO (APPELLEE)
MATTHEW R. FRANSEN (APPELLEE) RICHARD E. KING (APPELLEE) TUCKER T. BOHREN (APPELLEE)
FRANK X. NEUNER, JR. (APPELLEE) KEVIN O. LARMANN (APPELLEE) ASHTON R. O'DWYER, JR. (APPELLANT)
JEFFREY K. COREIL (APPELLEE) JAY R. SEVER (APPELLEE) EMMA C. DEDMAN (APPELLEE)
KATELYN B. COURVILLE (APPELLEE) JEFFREY A. LIPPS (APPELLEE)
NICHOLAS G. JONES (APPELLEE) MICHAEL N. BEEKHUIZEN (APPELLEE)
JORDAN T. LACOSTE (APPELLEE)
KEVIN M. MELCHI (APPELLEE)
MICHAEL R. GOODSTEIN (APPELLEE)
SABRINA HAURIN (APPELLEE)
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