6587 Precedential Processed

Kyle v. Kyle

Louisiana Court of Appeal, Third Circuit · Filed April 28, 1978 · 358 So. 2d 708

Also decided on this docket: La. Ct. App. 4th Cir., January 14, 1975 306 So. 2d 396; La. Ct. App. 1st Cir., December 12, 1966 191 So. 2d 761; La., April 15, 1878 30 La. 881

Cited by

Stelluto v. Stelluto 894 So. 2d 349 La. Ct. App. 4th Cir. 2005
Martin v. Martin 545 So. 2d 666 La. Ct. App. 5th Cir. 1989
Duehring v. Vasquez 490 So. 2d 667 La. Ct. App. 2d Cir. 1986
Franklin Press, Inc. v. McNamara 479 So. 2d 657 La. Ct. App. 1st Cir. 1985
Jarvis v. Lafayette General Hospital 373 So. 2d 1000 La. Ct. App. 3d Cir. 1979

Authorities cited

Identified automatically; this list may not be exhaustive.

Stahlman Lumber Co.-Div. of Staco Mfg. Co. v. Ferrill 320 So. 2d 331
Mauterer v. Tillery 328 So. 2d 755

Opinion text

358 So.2d 708 (1978) Alfred R. KYLE, Plaintiff-Appellee, v. Anita Evans KYLE, Defendant-Appellant. No. 6587. Court of Appeal of Louisiana, Third Circuit. April 28, 1978. Jumonville, Hartley, Plauche & Broadhurst by Colleen McDaniel, Lafayette, for defendant-appellant. Voorhies & Labbe by Mark Bienvenu, Lafayette, for defendant-appellant. David L. Dawson, Jr., Baton Rouge, for plaintiff-appellee. Before DOMENGEAUX, FORET and CUTRER, JJ. FORET, Judge. MOTION TO DISMISS The plaintiff-appellee, Alfred R. Kyle, moves to dismiss the appeal of the defendant-appellant, Anita Evans Kyle. The motion is opposed. We grant the motion to dismiss. On October 10, 1977, plaintiff filed suit seeking the permanent care, custody and control of the minor child, Tina Marie. The defendant responded by filing an Exception of Lack of Subject Matter Jurisdiction; on January 26, 1978, the trial judge signed a judgment overruling the exception. The defendant has taken an appeal from this judgment. The plaintiff-appellee moves to dismiss the appeal arguing that the judgment complained of is a non-appealable interlocutory decree. We agree. This court has long held that a judgment overruling an exception of lack of subject matter jurisdiction is a nonappealable interlocutory decree. Stahlman Lumber CompanyDivision of Staco Manufacturing Company v. Ferrill, 320 So.2d 331 (La.App. 3 Cir. 1975). Defendant-appellant concedes that the judgment is interlocutory, but argues that it is appealable under C.C.P. Art. 2083 because irreparable injury may result. She asserts that if she is forced to defend this suit, she will not only have to fight a lawsuit, but will have to suffer the expense and indignity of having to come to another state to defend her rights for the custody of her daughter in a state which, she submits, is without jurisdiction or interest in the matter of her daughter's custody. It is well settled that the inconvenience and expense incurred in the defense of a lawsuit does not constitute irreparable injury within the meaning of C.C.P. Art. 2083. Mauterer v. Tillery, 328 So.2d 755 (La.App. 1 Cir. 1976). APPEAL DISMISSED.