1921 Precedential Processed

Gay v. Gay

Louisiana Court of Appeal, Third Circuit · Filed January 5, 1967 · 193 So. 2d 537

Also decided on this docket: La. Ct. App. 1st Cir., July 15, 1965 177 So. 2d 651; La. Ct. App. 1st Cir., January 12, 1925 1 La. App. 419; La., January 15, 1869 21 La. Ann. 18

Cited by

Head v. Erath General Hosp., Inc. 458 So. 2d 579 La. Ct. App. 3d Cir. 1984
Carpenter v. Travelers Ins. Co. 402 So. 2d 282 La. Ct. App. 3d Cir. 1981
Louisiana National Bank v. Hebert 398 So. 2d 632 La. Ct. App. 1st Cir. 1981
Mestayer v. Mestayer 302 So. 2d 342 La. Ct. App. 3d Cir. 1974
Riels v. Howell 233 So. 2d 256 La. Ct. App. 1st Cir. 1970
Meaux v. Hoffpauir 219 So. 2d 551 La. Ct. App. 3d Cir. 1969
Succession of Grigsby v. Hamilton 211 So. 2d 699 La. Ct. App. 1st Cir. 1968
Gay v. Gay 203 So. 2d 379 La. Ct. App. 3d Cir. 1967
Fogleman v. Crowley Building & Loan Ass'n 200 So. 2d 790 La. Ct. App. 1st Cir. 1967
Wooten v. Central Mutual Insurance 200 So. 2d 785 La. Ct. App. 1st Cir. 1967

Authorities cited

Identified automatically; this list may not be exhaustive.

Rider v. Missouri Pacific Railroad 160 So. 2d 26

Opinion text

193 So.2d 537 (1967) Clara Flournoy GAY, Plaintiff-Appellant, v. Andrew Gynes GAY, Jr., Defendant-Appellee. No. 1921. Court of Appeal of Louisiana, Third Circuit. January 5, 1967. *538 Robert Scott McIntosh, II, New Orleans, for plaintiff-appellant. Gahagan & Gahagan, by Marvin F. Gahagan, Natchitoches, for defendant-appellee. Before TATE, FRUGÉ and HOOD, JJ. PER CURIAM. The plaintiff wife filed suit for divorce in the Tenth Judicial District Court, Natchitoches Parish, Louisiana. The husband was a non-resident at the time of suit and the court appointed an attorney to represent him in the divorce proceedings. The court-appointed attorney filed an exception of res judicata to the plaintiff wife's demand for a divorce, alleging that the bonds of matrimony between the parties were dissolved by a divorce obtained by the husband some years before in the State of Florida. From an adverse ruling sustaining the exception the plaintiff wife has appealed to this court. However, although a Minute Entry reflects that the lower court after trial sustained the plea of res judicata and dismissed the plaintiff's suit, no signed judgment is in the record. Therefore, there is no final judgment from which an appeal can be taken, the present appeal is premature, and this court must ex proprio moto dismiss the present appeal in the absence of such signed final judgment. LSA-C.C.P. Art. 1911; Fontenot v. Lee, 160 So.2d 26 (La.App.3d Cir.), and cases therein cited. For the reasons assigned, this appeal is dismissed without prejudice, at the cost of the plaintiff-appellant. Appeal dismissed.