No. 3613 Precedential Dismissed Processed

Pearce ex rel. Livestock Sanitary Board v. Johnson

Louisiana Court of Appeal, First Circuit · Filed July 13, 1971 · 250 So. 2d 567

Also decided on this docket: La. Ct. App. 1st Cir., July 7, 1969 225 So. 2d 149; La. Ct. App. 1st Cir., December 18, 1952 62 So. 2d 203; La. Ct. App. 1st Cir., November 18, 1929 124 So. 542; La., November 15, 1871 23 La. Ann. 784

Cited by

Lutz v. Jefferson Parish School Bd. 503 So. 2d 106 La. Ct. App. 5th Cir. 1987
Succession of Velasquez-Bain 471 So. 2d 731 La. Ct. App. 4th Cir. 1985
Overmier v. Traylor 458 So. 2d 499 La. Ct. App. 1st Cir. 1984
Thomas v. Missouri Pacific RR Co. 451 So. 2d 1152 La. Ct. App. 3d Cir. 1984
Schiro v. Viola 398 So. 2d 1294 La. Ct. App. 1st Cir. 1981
In re Parker 395 So. 2d 373 La. Ct. App. 1st Cir. 1981
Bordelon v. Dauzat 389 So. 2d 820 La. Ct. App. 3d Cir. 1980
Ford, Bacon & Davis Construction Co. v. Doga 365 So. 2d 1143 La. Ct. App. 1st Cir. 1978
In re Adoption of Williams 328 So. 2d 750 La. Ct. App. 1st Cir. 1976

Authorities cited

Identified automatically; this list may not be exhaustive.

Fisher v. Rollins 231 La. 252
Anderson v. Nugent 16 So. 2d 282
Deason v. State Farm Mutual Automobile Insurance 204 So. 2d 428
Abramson v. Piazza 198 So. 2d 565

Opinion text

ON MOTION TO DISMISS APPEAL FRUGÉ, Judge. This is a suit instituted by the Louisiana Department of Agriculture seeking a mandatory injunction to enjoin the defendant from selling cattle which have not been tested for Brucellosis. After hearing the merits of the case, the trial judge dismissed plaintiff’s suit. Plaintiff has appealed. The defendant has now filed a motion to dismiss the appeal on the ground that no judgment has been signed and placed in the record. A careful search of the record has revealed that, in fact, no formal judgment, separate and apart from the written reasons of the district judge was ever signed or read and rendered in open court in this matter. A trial judge’s written reasons for judgment do not constitute a final judgment from which an appeal can be taken. C.C.P. Article 1918. Fisher v. Rollins, 231 La. 252 , 91 So.2d 28 (1956); Anderson v. Nugent, 16 So.2d 282 (La.App. 2nd Cir., 1944); Deason v. State Farm Mutual Automobile Insurance Co., 204 So.2d 428 (La.App. 3rd Cir., 1967); Abramson v. Piazza, 198 So.2d 565 (La.App. 3rd Cir., 1967). This appeal is premature and must, therefore, be dismissed without prejudice so as to allow a proper judgment to be signed by the district judge. For the reasons assigned, this appeal is dismissed without prejudice. Appeal dismissed.