No. 12153 Precedential Processed

National Safe Corp. v. Benedict & Myrick, Inc.

Louisiana Court of Appeal, First Circuit · Filed May 9, 1978 · 367 So. 2d 871

Also decided on this docket: La. Ct. App. 1st Cir., January 12, 1982 410 So. 2d 777; La. Ct. App. 1st Cir., October 10, 1973 286 So. 2d 378

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Opinion text

EDWARDS, Judge. On April 7, 1978, National Safe Corporation, the appellee, filed a motion to dismiss this appeal, contending that the trial court’s judgment, granting a partial summary judgment, is an interlocutory judgment and is not appealable absent a showing of irreparable injury. We find this contention untenable. All summary judgments, whether they grant all or only a part of the relief prayed for, are final judgments and consequently are appealable. LSA-C.C.P. arts. 968 and 2083. See Beckham v. Hartford Accident and Indemnity Company, 137 So.2d 99 (La.App. 3rd Cir. 1962). Accordingly, the motion to dismiss is denied at appellee’s cost. MOTION DENIED.