No. 12715 Precedential Processed

Dillon v. State

Louisiana Court of Appeal, First Circuit · Filed November 6, 1975 · 322 So. 2d 351

Also decided on this docket: La. Ct. App. 1st Cir., July 10, 1979 373 So. 2d 1375

Cited by

State v. Koroma 544 So. 2d 539 La. Ct. App. 5th Cir. 1989
Head v. Erath General Hosp., Inc. 458 So. 2d 579 La. Ct. App. 3d Cir. 1984
Hamiter v. Hamiter 414 So. 2d 1379 La. Ct. App. 2d Cir. 1982

Authorities cited

Identified automatically; this list may not be exhaustive.

Cardean, Inc. v. Cannon 307 So. 2d 818
McElwee v. McElwee 244 So. 2d 35
Cain v. Rapides Dodge, Inc. 203 So. 2d 418
Kleb v. Choate 203 So. 2d 422

Opinion text

DENNIS, Judge. On March 7, 1975, the trial court orally announced its decision to reject appellants’ rule to obtain custody of two minor children. The record does not contain a formal judgment signed in response to the trial judge’s oral reasons for his decision. An appeal is premature in the absence of a signed judgment in the record and we must dismiss this appeal ex proprio motu. Louisiana Code of Civil Procedure, Articles 1911 and 2083; Cardean v. Cannon, 307 So.2d 818 (La.App., 3d Cir. 1975); McElwee v. McElwee, 244 So.2d 35 (La.App., 2d Cir. 1971); Advertiser, Division of Independent, Inc. v. Tubbs, 203 So.2d 418 (La.App., 3d Cir. 1967); Kleb v. Choate, 203 So.2d 422 (La.App., 3d Cir. 1967). For the foregoing reasons, the appeal is dismissed without prejudice at the cost of the appellants. Dismissed.