5677 Precedential Processed

Billeaud v. Perry

Louisiana Court of Appeal, Third Circuit · Filed August 12, 1976 · 336 So. 2d 539

Also decided on this docket: La. Ct. App. 4th Cir., February 6, 1973 273 So. 2d 63; La. Ct. App. 1st Cir., December 14, 1962 148 So. 2d 398; La., March 15, 1875 27 La. 203

Cited by

Girard v. Courtyard by Marriott 813 So. 2d 595 La. Ct. App. 3d Cir. 2002
Davis v. Coregis Ins. Co. 789 So. 2d 7 La. Ct. App. 3d Cir. 2000
Hare v. Hodgins 618 So. 2d 1210 La. Ct. App. 1st Cir. 1993
Clement v. Morris 600 So. 2d 886 La. Ct. App. 1st Cir. 1992
Jabbia v. Sanders 499 So. 2d 1070 La. Ct. App. 3d Cir. 1986
Palgrave v. Tallieu 483 So. 2d 678 La. Ct. App. 5th Cir. 1986
DiVincenti v. First Guaranty Bank 481 So. 2d 712 La. Ct. App. 1st Cir. 1985
Johnson v. Layssard 453 So. 2d 676 La. Ct. App. 1st Cir. 1984
Bantin v. State ex rel. Department of Transportation & Development 411 So. 2d 63 La. Ct. App. 1st Cir. 1981
Bantin v. STATE, THROUGH DEPT. OF TRANSP., ETC. 411 So. 2d 63 La. Ct. App. 3d Cir. 1981
Halverson v. Eagle Trucking Co. 384 So. 2d 999 La. Ct. App. 1st Cir. 1980
Kerr v. Kerr 349 So. 2d 913 La. Ct. App. 1st Cir. 1977

all 13 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

Thibodeaux v. Lock Clinic 299 So. 2d 574
State, Department of Highways v. D & J REALTY CO. 245 So. 2d 465
Simmons v. Beauregard Parish School Board 293 So. 2d 226

Opinion text

336 So.2d 539 (1976) Raoul BILLEAUD, Plaintiff-Appellant, v. William H. PERRY et al., Defendants-Appellees. No. 5677. Court of Appeal of Louisiana, Third Circuit. August 12, 1976. J. Minos Simon, Lafayette, for plaintiff-appellant. McBride & Brewster by Robert R. McBride, Welton P. Mouton, Jr., Lafayette, for defendant-appellee. Before MILLER, WATSON and PETERS, JJ. ON MOTION TO DISMISS MILLER, Judge. Defendants, William H. Perry, U.S.F. & G., Maryland Casualty Co., and Northern Insurance Company, Inc., move to dismiss the unlodged appeal of the plaintiff, Raoul Billeaud, on the ground that his appeal is premature. The motion is unopposed. Formal judgment was signed May 20, 1976, and on May 26, 1976, third-party defendant-appellee, Maryland Casualty Company and the intervenor-appellee, Northern Insurance Company, timely filed a Motion for a New Trial and/or Motion to Correct and Amend Judgment. On the same date the motion was filed, the trial court issued an Order to Show Cause to all parties ordering them to appear and show cause on July 19, 1976, why the above motion should not be granted. To date the motion has not been acted upon. On June 11, 1976, plaintiff moved for and obtained an Order for Appeal in forma pauperis returnable to this court on August 5, 1976. The appeal has not yet been lodged with this court. Defendants and intervenor moved to dismiss plaintiff's unlodged appeal on the ground that since a timely motion for a new trial has been filed in this matter, the judgment appealed from is not final, and therefore, plaintiff's appeal is premature. We agree. While recognizing that there is authority to the contrary Thibodeaux v. Lock Clinic, 299 So.2d 574 [La.App. 4 Cir. 1974]; Department of Highways v. D & J Realty Company, Inc., 245 So.2d 465 [La.App. 2 Cir. 1971]), the better rule in the interest of judicial economy and orderly procedures is that the timely filing of a motion for new trial, by one or more of the parties to a lawsuit, holds the previously signed judgment in abeyance until a final judgment decides all issues as to all parties in the suit. LSA-C.C.P. art. 1971, 2164; Simmons v. Beauregard Parish School Board, 293 So.2d 226 (La.App. 3 Cir. 1974). *540 The appeal is premature and is dismissed. Costs of this appeal will be taxed when the appeal is reviewed by this court. APPEAL DISMISSED.