By Glenn Farnet For many years, Louisiana litigators have faced the often confusing issue of what to do when the court hands you an unfavorable interlocutory judgment. Do you file an application for a supervisory writ or do you file an appeal? The confusion stems from the language in La. Code Civ. Proc. Art. 2083 that says “[a]n appeal may be taken…from an interlocutory judgment which may cause irreparable injury…” Unfortunately, the phrase “that may cause irreparable injury” was as difficult to define as “pornography.” This caused many a cautious practitioner faced with this dilemma to file both a motion for an appeal and an application for a supervisory writ. To do otherwise raised the possibility that you would pick the wrong avenue of relief and possibly lose the right to receive any appellate review at all. Well, help is finally on the way. House Bill 226 was passed by the Louisiana Senate on Tuesday, June 21, 2005 and sent to Governor Blanco for her signature. The bill, among other things, amends La. Code Civ. Proc. 2083 to eliminate the right to appeal an interlocutory judgment that may cause irreparable injury and provides that appeals of interlocutory judgments are now allowed only when expressly provided by legislation. Unless there is a specific statute granting the right to appeal the interlocutory judgment, you simply need to file a writ application and do not have to worry that an appellate court will later say you should have filed an appeal. For those who have faced this issue in the class action certification context, HB 226 also amends La. Code Civ. Proc. 592(A)(3)(b) to provide that a court ruling on the issue of class certification (an interlocutory ruling) may be appealed as of right. If signed by the Governor, the changes will take effect on January 1, 2006.