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Dillon v. State

Court of Appeal of Louisiana, Second Circuit
Nov 6, 1975
322 So. 2d 351 (La. Ct. App. 1975)

Opinion

No. 12715.

November 6, 1975.

APPEAL FROM SECOND JUDICIAL DISTRICT COURT, PARISH OF JACKSON, STATE OF LOUISIANA, HONORABLE FRANK M. DOUGHERTY, J.

Holloway, Baker, Culpepper Bronson by William H. Baker, Jonesboro, for plaintiffs-appellants.

Whitten Blake by Leon H. Whitten, Jonesboro, Steven E. Adams, Baton Rouge, for defendant-appellee.

Before PRICE, DENNIS and MARVIN, JJ.


On March 7, 1975, the trial court orally announced its decision to reject appellants' rule to obtain custody of two minor children. The record does not contain a formal judgment signed in response to the trial judge's oral reasons for his decision.

An appeal is premature in the absence of a signed judgment in the record and we must dismiss this appeal ex proprio motu. Louisiana Code of Civil Procedure, Articles 1911 and 2083; Cardean v. Cannon, 307 So.2d 818 (La.App., 3d Cir. 1975); McElwee v. McElwee, 244 So.2d 35 (La.App., 2d Cir. 1971); Advertiser, Division of Independent, Inc. v. Tubbs, 203 So.2d 418 (La.App., 3d Cir. 1967); Kleb v. Choate, 203 So.2d 422 (La.App., 3d Cir. 1967).

For the foregoing reasons, the appeal is dismissed without prejudice at the cost of the appellants.

Dismissed.


Summaries of

Dillon v. State

Court of Appeal of Louisiana, Second Circuit
Nov 6, 1975
322 So. 2d 351 (La. Ct. App. 1975)
Case details for

Dillon v. State

Case Details

Full title:WILLIAM L. DILLON AND WILMA JEAN DILLON APPLYING FOR ADOPTION OF ROGER…

Court:Court of Appeal of Louisiana, Second Circuit

Date published: Nov 6, 1975

Citations

322 So. 2d 351 (La. Ct. App. 1975)

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