2112 Precedential Dismissed Processed

Kleb v. Choate

Louisiana Court of Appeal, Third Circuit · Filed October 26, 1967 · 203 So. 2d 422

Also decided on this docket: La. Ct. App. 5th Cir., March 7, 1966 184 So. 2d 618; La. Ct. App. 1st Cir., October 31, 1924 1 La. App. 56; La., April 15, 1869 21 La. Ann. 293

Cited by

Rourke v. Coursey 334 So. 2d 480 La. Ct. App. 3d Cir. 1976
Dillon v. State 322 So. 2d 351 La. Ct. App. 1st Cir. 1975
Cardean, Inc. v. Cannon 307 So. 2d 818 La. Ct. App. 3d Cir. 1975
Mestayer v. Mestayer 302 So. 2d 342 La. Ct. App. 3d Cir. 1974
State v. Brecheen 256 So. 2d 793 La. Ct. App. 1st Cir. 1971
Rhodes v. J-W Operating Co. 247 So. 2d 657 La. Ct. App. 1st Cir. 1971
McElwee v. McElwee 244 So. 2d 35 La. Ct. App. 2d Cir. 1971
Michigan Wisconsin Pipeline Company v. Fruge 227 So. 2d 606 La. Ct. App. 3d Cir. 1970
Succession of Grigsby v. Hamilton 211 So. 2d 699 La. Ct. App. 1st Cir. 1968
Advertiser, Division of the Independent, Inc. v. Tubbs 203 So. 2d 418 La. Ct. App. 1st Cir. 1967

Authorities cited

Identified automatically; this list may not be exhaustive.

Forman v. May 201 So. 2d 683
Abramson v. Piazza 198 So. 2d 565
Manuel v. Employers' Fire Insurance 136 So. 2d 282

Opinion text

203 So.2d 422 (1967) Shirley KLEB, Plaintiff and Appellant, v. William Roy CHOATE, Defendant and Appellee. No. 2112. Court of Appeal of Louisiana, Third Circuit. October 26, 1967. *423 Marion W. Groner, New Iberia, for plaintiff-appellant. Armentor & Resweber, by Minos H. Armentor, New Iberia, for defendant-appellee. Before FRUGE, SAVOY and CULPEPPER, JJ. CULPEPPER, Judge. We do not reach a consideration of this appeal on its merits because we notice, ex proprio motu, that the record does not contain a final judgment read and signed by the district judge in open court. LSA-C.C.P. Articles 1911 and 2083; Forman, et al. v. May, 201 So.2d 683 (La.App., 3rd Cir. 1967); Abramson v. Piazza, 198 So.2d 565 (La.App., 3rd Cir.1967); Manuel v. Employers Fire Insurance Company, 136 So.2d 282 (La.App., 3rd Cir. 1961). Under these authorities it is clear that no appeal lies in a case until after the signing of the judgment sought to be appealed. This appeal must therefore be dismissed as premature. For the reasons assigned, this appeal is dismissed without prejudice. All costs of the appeal are assessed against the plaintiff appellant. Appeal dismissed.