Summary
In Williams v. City of Bastrop, 458 So.2d 221 (La.App. 2d Cir. 1984), this court dismissed the appeal because the judgment sustaining the exception of no cause of action was not final due to the fact that it did not unconditionally dismiss the suit.
Summary of this case from Williams v. City of BastropOpinion
No. 16854-CA.
October 11, 1984. Rehearing Denied October 26, 1984.
APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, MOREHOUSE PARISH, STATE OF LOUISIANA, HONORABLE JOHN R. HARRISON, J.
Jerry L. Jones, Monroe, for appellants.
Rankin, Yeldell, Herring Katz by Stephen J. Katz, Bastrop, for appellees.
Before HALL, JASPER E. JONES and SEXTON, JJ.
ORDER
On appellees' motion, the appeal is dismissed.
The appeal taken in this case was not only premature in that it was taken before judgment was signed (LSA-C.C.P. Art. 1911), the judgment later signed sustaining an exception of no cause of action but granting leave to amend, which does not have the effect of dismissing plaintiffs' suit, is not a final judgment or an interlocutory judgment causing irreparable injury and is not appealable. LSA-C.C.P. Art. 2083; Taylor v. Consol. Rail Corp., 391 So.2d 1351 (La.App. 4th Cir. 1980); Spencer v. Burglass, 288 So.2d 68 (La.App. 4th Cir. 1974). A judgment sustaining an exception of no cause of action is not final unless it unconditionally dismisses the suit.
Appeal dismissed.