Dietz v. Eunice-Crowley Oil Co.

Full title: Gottleib R. DIETZ et ux., Plaintiffs-Appellees, v. EUNICE-CROWLEY OIL CO.…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Dec 21, 1966

193 So. 2d 94 (La. Ct. App. 1966)

Opinion

No. 1933.

December 21, 1966.

APPEAL FROM FIFTEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF ACADIA, CARROL L. SPELL, J.

Adams Peters, by Walter C. Peters, Jennings, for defendants-appellants.

Edwards Edwards, by Nolan J. Edwards, Crowley, for plaintiffs-appellees.

PER CURIAM:

This is an appeal from a judgment of the trial court overruling an exception of no right or cause of action. The plaintiff-appellee filed a motion to dismiss the appeal on the ground that the judgment was an interlocutory decree, that it did not cause irreparable injury and it thus is unappealable.

An appeal may be taken only from a final judgment or from an interlocutory judgment which may cause irreparable injury. LSA-C.C.P. art. 2083. A judgment overruling an exception of no right or cause of action is an interlocutory judgment and the rendering of such a decree can not cause irreparable injury to the defendant. Rapides Cent. Ry. Co. v. Missouri Pac. R. Co. et al., 207 La. 870, 22 So.2d 200 (1945). No appeal lies from this judgment, therefore, and the appeal must be dismissed.

For the reasons assigned, the motion to dismiss the appeal is granted, and the appeal herein is dismissed.

Appeal dismissed.