In the situation where one defendant is dismissed from a lawsuit due to res judicata, how is this judgment classified?

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In a situation where one defendant is dismissed from a lawsuit due to res judicata, this judgment is classified as a partial final judgment. This classification is appropriate because the dismissal of a party means the case is resolved for that defendant, but the lawsuit may still continue against the other defendants. A partial final judgment allows for an appeal on the claims involving the dismissed defendant, while the remaining issues in the case can still be litigated.

In Louisiana civil procedure, a final judgment resolves a particular matter, and since the matter concerning the dismissed defendant has been resolved, it qualifies as final concerning that defendant. However, since not all defendants in the action have been resolved, it is more accurately described as a partial final judgment rather than a final judgment that would conclude all aspects of the case. This classification is crucial as it impacts the possibility to appeal the ruling and the status of the ongoing litigation against the remaining parties.

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