5566 Precedential Dismissed Processed

Rourke v. Coursey

Louisiana Court of Appeal, Third Circuit · Filed July 1, 1976 · 334 So. 2d 480

Also decided on this docket: La. Ct. App. 1st Cir., May 13, 1912 9 Teiss. 305; La. Ct. App. 1st Cir., November 2, 1973 284 So. 2d 782; La. Ct. App. 1st Cir., December 18, 1962 148 So. 2d 182; La. Ct. App. 1st Cir., November 9, 1962 148 So. 2d 182; La., April 15, 1875 27 La. 319

Cited by

Charles Cutler v. Beth McGee La. Ct. App. 3d Cir. 2010
Cutler v. McGee 38 So. 3d 481 La. Ct. App. 1st Cir. 2010
Savings Bank of Baltimore v. VENTURE 73 452 So. 2d 395 La. Ct. App. 3d Cir. 1984
Bank of Southwest Louisiana v. Thibodeaux 441 So. 2d 11 La. Ct. App. 1st Cir. 1983
Wallace v. Pan American Fire & Cas. Co. 386 So. 2d 158 La. Ct. App. 3d Cir. 1980
Tidwell v. Goston 371 So. 2d 299 La. Ct. App. 1st Cir. 1979
State v. White 358 So. 2d 999 La. Ct. App. 2d Cir. 1978
Wallace v. Pan American Fire & Cas. Co. 352 So. 2d 1048 La. Ct. App. 3d Cir. 1978

Authorities cited

Identified automatically; this list may not be exhaustive.

Cain v. Rapides Dodge, Inc. 203 So. 2d 418
Kleb v. Choate 203 So. 2d 422
Succession of Grigsby v. Hamilton 211 So. 2d 699
Ready v. Sun Oil Co. 315 So. 2d 840
McElwee v. McElwee 244 So. 2d 35
Heard v. Seegers 186 So. 2d 170
Morehouse Parish Police Jury v. Wild Life & Fisheries Commission 199 So. 2d 542
Withers v. Mueller 235 So. 2d 597
Barnes v. City of Hammond 276 So. 2d 746
City Stores Co. v. Gervais F. Favrot Co., Inc. 315 So. 2d 370
City Stores Co. v. Gervais F. Favrot Co. 320 So. 2d 557

Opinion text

334 So.2d 480 (1976) John C. ROURKE, M.D., and Lee J. Marsalise, et al., Plaintiffs-Appellees, v. Victor E. COURSEY, Jr., Defendant-Appellant. No. 5566. Court of Appeal of Louisiana, Third Circuit. July 1, 1976. *481 Sanders, Miller, Downing & Kean by Gerald E. Songy, Baton Rouge, and Jones, Patin, Harper, Tete & Wetherill by James C. Hanchey, Lake Charles, for defendantappellant. Scofield, Bergstedt & Gerard by Robert L. Hackett, Lake Charles, for plaintiffs-appellees. Before HOOD, CULPEPPER and GUIDRY, JJ. ON MOTION TO DISMISS APPEAL GUIDRY, Judge. The plaintiffs-appellees, John C. Rourke, Lee J. Marsalise, Carl Marsalise and Rosa Marsalise, move to dismiss the two appeals taken by the defendant-appellant, Victor E. Coursey, Jr., in this litigation. We dismiss both of the defendant-appellant's appeals. On November 24, 1975, the defendantappellant moved for and obtained an order of appeal from a judgment of the Fourteenth Judicial District Court, Parish of Calcasieu, dismissing the plaintiffs-appellees' Petition For A Deficiency Judgment without prejudice. On December 11, 1975, the defendant-appellant also moved for and obtained an order of appeal from a judgment of the same trial court rendered on December 4, 1975, denying the defendant-appellant's request for a preliminary injunction enjoining a sheriff's sale which was scheduled to be held on January 7, 1976. The transcript of appeal was finally lodged with this court on May 19, 1976. The plaintiffs-appellees allege, and an examination of the record confirms, that there is no signed judgment dismissing the plaintiffs-appellees' Petition For a Deficiency Judgment without prejudice, and therefore the defendant-appellant's appeal from this judgment must be dismissed as premature; LSA-C.C.P. arts. 1911 and 2083. Advertiser, Division of Independent, Inc. v. Tubbs, 203 So.2d 418 (La.App. 3rd Cir. 1967); Kleb v. Choate, 203 So.2d 422 (La.App. 3rd Cir. 1967); Succession of Grigsby v. Hamilton, 211 So.2d 699 (La. App. 2nd Cir. 1968); Ready v. Sun Oil Company, 315 So.2d 840 (La.App. 1st Cir. 1970); McElwee v. McElwee, 244 So.2d 35 (La.App. 2nd Cir. 1971). The defendant-appellant's appeal from the trial court's denial of his request for a preliminary injunction enjoining a sheriff's sale which was scheduled to be held on January 7, 1976, must also be dismissed, as the sale was held as scheduled after the defendant-appellant's requests for stay orders from this court and from the Louisiana Supreme Court were denied. The issue is thus moot. Heard v. Seegers, 186 So.2d 170 (La.App.2nd Cir. 1966); Morehouse Parish Police Jury v. Wild Life & Fisheries Commission, 199 So.2d 542 (La.App. 4th Cir. 1967); Mecom v. Mueller, 235 So.2d 597 (La.App. 4th Cir. 1970); Barnes v. City of Hammond, 276 So.2d 746 (La.App. 1st Cir. 1973); City Stores Co. v. Gervais F. Favrot Co., Inc., 315 So.2d 370 (La.App. 4th Cir. 1975), writs refused, 320 So.2d 557 (La.1975). For the reasons assigned both appeals of the defendant-appellant are hereby dismissed at his costs. APPEALS DISMISSED.