No. 13512 Precedential Dismissed Processed

Polite v. Newman

Louisiana Court of Appeal, First Circuit · Filed March 31, 1980 · 385 So. 2d 326

Also decided on this docket: La. Ct. App. 1st Cir., March 27, 1978 357 So. 2d 1249

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

PONDER, Judge. We issued a rule to show cause why an unlodged appeal should not be dismissed after appellee had moved for the dismissal. The trial court denied a request by defendant for the appointment of a surveyor in a possessory action. The defendant moved for a new trial; the trial court denied the motion. Defendant then moved for a devolutive appeal 'from the judgment denying a new trial of the motion. There is no appeal from a judgment denying a new trial absent a showing of irreparable injury. Jackson v. Watson, 360 So.2d 582 (La.App. 4th Cir. 1978). Appellant has made no such showing. APPEAL DISMISSED.