No. 2089 Precedential Processed

Ritchey v. Desser

Louisiana Court of Appeal, First Circuit · Filed June 1, 1967 · 199 So. 2d 427

Also decided on this docket: La. Ct. App. 1st Cir., October 27, 1967 203 So. 2d 735; La. Ct. App. 1st Cir., December 6, 1965 180 So. 2d 869; La. Ct. App. 1st Cir., June 12, 1925 2 La. App. 328; La., February 15, 1870 22 La. Ann. 77

Cited by

Bayou Hunting Club of Hunter v. DeSoto Parish Police Jury 569 So. 2d 252 La. Ct. App. 2d Cir. 1990
Fabacher v. Hammond Dairy Co., Inc. 389 So. 2d 87 La. Ct. App. 4th Cir. 1980
Breland v. Edwards 360 So. 2d 250 La. Ct. App. 1st Cir. 1978
Bernard v. Arnold J. Bernard, Inc. 316 So. 2d 877 La. Ct. App. 1st Cir. 1975
Roy v. Moity 225 So. 2d 315 La. Ct. App. 3d Cir. 1969

Authorities cited

Identified automatically; this list may not be exhaustive.

Certified Finance Co. v. Jones 191 So. 2d 188
Kellogg v. Hall 159 So. 2d 596
Cloud v. Dyess 172 So. 2d 528
Baton Rouge Cigarette Service v. Bloomenstiel 88 So. 2d 742
Calhoun v. State 152 So. 2d 866
Silberman v. Beaubouef 175 So. 2d 873
172 So. 2d 531 not in our corpus

Opinion text

On Motion to Dismiss Appeal. TATE, Judge. The plaintiffs appeal from an interlocutory judgment denying a preliminary injunction. The defendants-appellees move to dismiss the appeal on the ground that ordinarily no appeal lies from interlocutory judgments. See LSA-CCP Art. 2083. This argument overlooks that an exception to this general rule is provided by LSA-CCP Art. 3612 which states: “ * * * An appeal may be taken as a matter of right from an order or judgment relating to a preliminary or final injunction. * * * ” (Italics ours.) Certified Finance Co. v. Jones, La.App. 3 Cir., 191 So.2d 188 . A judgment denying an interlocutory preliminary injunction is one “relating” to it so as to be governed by this code article, including its provision that such appeal must be perfected within fifteen days. Kellogg v. Hall, La.App. 3 Cir., 159 So.2d 596 . 1 Accordingly, since the present appeal from the denial of a preliminary injunction was perfected within fifteen days as required by the Code article cited, the motion to dismiss this appeal must be denied. Motion to dismiss appeal denied. . The present is an interlocutory preliminary injunction sought as a procedural device prior to the trial on the merits of the permanent injunction sought by the demand. See Cloud v. Dyess, La.App. 3 Cir., 172 So.2d 528, 531 ; Baton Rouge Cigarette Service, Inc. v. Bloomenstiel, La.App. 1 Cir., 88 So.2d 742 (pointing out that relief on the merits may not be granted on the trial of the rule for the interlocutory preliminary injunction, where there has been no stipulation for the case to be tried on the merits of the permanent injunction). We should note in passing that the longer delays applicable to devolutive appeals from final judgments are applicable when, instead of being interlocutory relief pending the trial on the merits, the judgment granting or denying the preliminary injunction has the effect of disposing of the entire case on the merits, Calhoun v. State, Through Department of Highways, La.App. 3 Cir., 152 So.2d 866 , unlike the situation where after the hearing on the preliminary judgment the parties may nevertheless have the issues of the suit determined on the merits, Silberman v. Beauboeuf, La.App. 3 Cir., 175 So.2d 873 , even pending the decision of the appeal from the judgment relating to the interlocutory injunction, Cloud v. Dyess, cited above at 172 So.2d 531 -532.