No. 10909 Precedential Processed

Enis v. Enis

Louisiana Court of Appeal, First Circuit · Filed November 28, 1967 · 205 So. 2d 485

Also decided on this docket: La. Ct. App. 1st Cir., September 20, 1976 337 So. 2d 1230

Cited by

Burt v. Combined Insurance Co. of America 428 So. 2d 1023 La. Ct. App. 1st Cir. 1983
Topps v. Universal Life Ins. Co. 396 So. 2d 394 La. Ct. App. 1st Cir. 1981
Holland v. Louisiana Health Service & Indemnity Co. 372 So. 2d 655 La. Ct. App. 1st Cir. 1979
Cousin v. Page 367 So. 2d 875 La. Ct. App. 1st Cir. 1978
Cloud v. Security General Life Ins. Co. 352 So. 2d 406 La. Ct. App. 3d Cir. 1977
Brown v. National Old Life Ins. Co. 345 So. 2d 1023 La. Ct. App. 2d Cir. 1977
Pendarvis v. Continental Service Life & Health Insurance Co. 339 So. 2d 367 La. Ct. App. 1st Cir. 1976
Watson v. Life Insurance Company of La. 335 So. 2d 518 La. Ct. App. 1st Cir. 1976
Reed v. American Casualty Co. of Reading, Pa. 317 So. 2d 648 La. Ct. App. 1st Cir. 1975
Mistric v. Republic Nat'l Life Insurance Company 314 So. 2d 472 La. Ct. App. 1st Cir. 1975
Parfait v. Minnesota Mutual Life Insurance Co. 311 So. 2d 558 La. Ct. App. 4th Cir. 1975
Stoma v. Prudential Insurance Company of America 281 So. 2d 871 La. Ct. App. 3d Cir. 1973

all 14 citing documents »

Authorities cited

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Mercadel v. Mercadel 179 La. 895
Hebert v. Valenti 179 So. 2d 647

Opinion text

BARHAM, Judge. This suit was filed in April of 1965, seeking a separation “a mensa et thoro” and other relief related thereto. Minute entries reflect the trial of several rules and, finally, the trial of the peremptory exception of res judicata. A judgment overruling the exception of res judicata was signed and filed February 9, 1965, and defendant has appealed suspensively from that judgment. The suit has not been tried on its merits nor is there any final judgment in the record. The judgment appealed from is an interlocutory decree and there is no contention or affirmative showing of irreparable injury. Rule 7, Section 5(c), Uniform Rules of Louisiana Courts of Appeal, provides that this Court may, ex proprio motu, “* * * [djismiss or transfer the appeal in any case in which the jurisdiction of the court has not been affirmatively established.” See Mercadel v. Mercadel, 179 La. 895 , 155 So. 391 (1934); Hebert v. Valenti, 179 So.2d 647 (La.App.1965). For the foregoing reasons, the appeal prosecuted herein from the judgment of the lower court overruling the exception of res judicata is dismissed. The appellant is to pay all costs incurred as the result of this appeal.