May v. Jackson Brewing Co., Inc.

Full title: R. GARLAND MAY, STATE FIRE MARSHAL FOR THE STATE OF LOUISIANA v. JACKSON…

Court: Court of Appeal of Louisiana, Fourth Circuit

Date published: Mar 20, 1973

275 So. 2d 201 (La. Ct. App. 1973)

Opinion

No. 5290.

March 20, 1973.

APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE RICHARD J. GARVEY, J.

C. Paul Barker, New Orleans, for plaintiff-appellant.

George W. Pigman, Paul A. Nalty, (Chaffe, McCall, Phillips, Toler Sarpy, New Orleans), for defendant-appellant.

Blake Arata, City Atty., Caryl H. Vesy, Asst. City Atty., Frank B. Fenerty, New Orleans, of counsel, for defendants-appellees.

Before REDMANN, GULOTTA and BOUTALL, JJ.

REDMANN, Judge.

From an October 7, 1971 judgment on a rule for preliminary injunction plaintiff and one defendant (Jackson Brewing Company) each filed a petition for appeal on November 9, 1971.

Obliged to note timeliness of appeals, Orrell v. Southern Farm Bur. Cas. Ins. Co., 248 La. 576, 180 So.2d 710 (1965), we point out that these appeals were not taken "within fifteen days from the date of the order or judgment" ("relating to a preliminary injunction") as C.C.P. art. 3612 requires. Plaintiff's application within three judicial days for a new trial (refused October 27) did not extend this period; Morris v. Transtates Petr., Inc., 258 La. 311, 246 So.2d 183 (1971).

The appeals are dismissed.