National Safe Cor. v. Benedict Myrick

Full title: NATIONAL SAFE CORPORATION v. BENEDICT MYRICK, INC

Court: Court of Appeal of Louisiana, First Circuit

Date published: May 9, 1978

367 So. 2d 871 (La. Ct. App. 1978)

Opinion

No. 12153.

May 9, 1978.

APPEAL FROM 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE LUTHER F. COLE, J.

Victor A. Sachse of Breazeale, Sachse Wilson, Baton Rouge, for appellant.

Donna Fraiche, Baton Rouge, for appellee.

Before LOTTINGER, EDWARDS and PONDER, JJ.

EDWARDS, Judge.

On April 7, 1978, National Safe Corporation, the appellee, filed a motion to dismiss this appeal, contending that the trial court's judgment, granting a partial summary judgment, is an interlocutory judgment and is not appealable absent a showing of irreparable injury.

We find this contention untenable.

All summary judgments, whether they grant all or only a part of the relief prayed for, are final judgments and consequently are appealable. LSA-C.C.P. arts. 968 and 2083. See Beckham v. Hartford Accident and Indemnity Company, 137 So.2d 99 (La.App. 3rd Cir. 1962).

Accordingly, the motion to dismiss is denied at appellee's cost.

MOTION DENIED.