From Casetext: Smarter Legal Research

Guidry v. Seacoast Products, Inc.

Court of Appeal of Louisiana, Third Circuit
Oct 23, 1968
214 So. 2d 904 (La. Ct. App. 1968)

Opinion

No. 2560.

October 23, 1968.

APPEAL FROM 15TH JUDICIAL DISTRICT COURT, PARISH OF VERMILION, LUCIEN C. BERTRAND, JR., J.

Kibbe, Edwards, Cooper Sonnier, by Silas B. Cooper, Jr., Abbeville, for defendants-appellants.

Domengeaux, Wright Bienvenu, by Bob F. Wright, Lafayette, for plaintiff-appellee.


On Motion to Dismiss Appeal

En Banc.


On October 13, 1968 the plaintiff-appellee filed a motion to dismiss as tardy the present unlodged suspensive appeal taken by motion on September 26th from adverse judgment of August 19th. See LSA-CCP Art. 2123, regulating the delay within which to perfect suspensive appeal. This court thereupon issued a rule to show cause why the relief prayed for should not be granted.

Upon the return to the rule, it appears that there was no written judgment signed. The minute entry of the court's decision does not suffice as satisfaction of the code requirement, LSA-CCP Art. 1911, that final judgments must be read and signed by the judge in open court. Fontenot v. Lee, 160 So.2d 26 (La.App. 3 Cir.), and cases cited therein. The appeal is premature and must be dismissed, since the judgment is inchoate until signed; but without prejudice to the perfecting of a timely appeal after signing of a final judgment. Capuder v. Misko, 174 So.2d 535 (La.App. 3 Cir.), and cases cited therein.

The defendants-appellants are to pay the costs of this dismissed appeal.

Appeal dismissed.


Summaries of

Guidry v. Seacoast Products, Inc.

Court of Appeal of Louisiana, Third Circuit
Oct 23, 1968
214 So. 2d 904 (La. Ct. App. 1968)
Case details for

Guidry v. Seacoast Products, Inc.

Case Details

Full title:Simuel GUIDRY, Plaintiff-Appellee, v. SEACOAST PRODUCTS, INC., et al.…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Oct 23, 1968

Citations

214 So. 2d 904 (La. Ct. App. 1968)

Citing Cases

Peoples' Enterprise, Inc. v. Landry

LSA-C.C.P. arts. 1911, 2162. A minute entry of the court's decision does not meet the LSA-C.C.P. art. 1911…

Martin v. Amer. Benefit Life Ins. Co.

No appeal can be taken from such inchoate judgment nor do the delays for appealing commence to run until such…