The Louisiana Court of Appeal has dismissed an appeal by Ashton R. O'Dwyer, Jr. concerning a class action settlement involving the Metairie Towers Condominium Association. The court ruled that O'Dwyer did not have the right to appeal the trial court's decision, which denied his request to revoke his claim form related to the settlement. This decision affects O'Dwyer and other condominium owners who participated in the class action.
The case, filed under docket number 26-CA-191, centers around a class action lawsuit initiated by condominium owners at Metairie Towers, a 219-unit complex located in Metairie, Louisiana. The owners alleged that the defendants mismanaged insurance claims and the subsequent repair efforts following Hurricane Ida. O'Dwyer, who owns Unit 330, is part of the class certified on July 31, 2024.
In August 2025, the trial court approved a partial settlement with three insurance companies involved in the case. Class members were notified to submit claims or opt-out forms by September 26, 2025. O'Dwyer submitted a claim form but also objected to the settlement, stating he did not intend to accept any settlement money. A final approval hearing for the settlement occurred on October 6, 2025, after which the court signed a final approval order.
On October 27, 2025, O'Dwyer filed a motion to appeal the final approval order. He later attempted to revoke his claim form, claiming he was misled about the settlement's details. The trial court denied his request on January 20, 2026, and dismissed his appeal as abandoned due to unpaid costs.
On March 2, 2026, O'Dwyer filed another motion for appeal regarding the January 20 judgment, which the trial court granted. However, the Court of Appeal had to first determine whether it had jurisdiction to hear the appeal.
The court ruled that it lacked jurisdiction because the January 20 judgment was classified as interlocutory, meaning it did not resolve the case's merits. The court stated, "the judgment at issue is an interlocutory judgment since it does not resolve the merits of this matter." The judges concluded that O'Dwyer's appeal did not meet the criteria for an immediate appeal under Louisiana law.
Judges Jude G. Gravois, Marc E. Johnson, and John J. Molaison, Jr. presided over the case. They emphasized that without express statutory authority for an appeal, they could not review the January 20 judgment. As a result, the court dismissed O'Dwyer's appeal with prejudice.
This ruling clarifies the legal standards regarding appeals in class action cases in Louisiana. It indicates that individuals wishing to contest decisions related to class action settlements must follow specific procedures, particularly when dealing with interlocutory judgments.
The dismissal of O'Dwyer's appeal may impact other class members who could be facing similar challenges in contesting settlements. This case highlights the importance of understanding the legal processes involved in class action lawsuits and the implications of failing to follow proper procedures.
Looking ahead, it remains unclear whether O'Dwyer will seek further legal avenues, such as filing a supervisory writ application, which is a different procedural route for contesting interlocutory judgments. The court did not provide details on any related cases that may be pending.