Four Seasons, Inc. v. New Orleans Silversmiths, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., September 19, 1972 266 So. 2d 556; La. Ct. App. 1st Cir., February 2, 1970 231 So. 2d 575; La. Ct. App. 4th Cir., March 25, 1955 79 So. 2d 97; La. Ct. App. 1st Cir., January 27, 1931 132 So. 370; La., January 15, 1873 25 La. Ann. 50
Four Seasons, Inc. v. New Orleans Silversmiths, Inc., 229 So. 2d 136 (La. Ct. App. 1st Cir. 1969).
Cited by
- Succession of Schieffler v. Belair Trailer Sales, Inc. 234 So. 2d 508 La. Ct. App. 1st Cir. 1970
Authorities cited
Identified automatically; this list may not be exhaustive.
- Four Seasons, Inc. v. New Orleans Silversmiths, Inc. 223 So. 2d 686
- Black v. Meadowview Homes, Inc. 201 So. 2d 218
Opinion text
REDMANN, Judge. Appellee moves to dismiss this appeal on the ground that this court has already rejected the defenses of appellant to this eviction action in a previous appeal between the same parties, reported at 223 So.2d 686 . Our prior judgment was in favor of defendant, although our opinion obiter said certain of defendant’s defenses were not valid. Apart from obvious questions of the binding effect of obiter dicta, especially in favor of a party against whom judgment was in fact rendered, we cannot on motion to dismiss give the full appellate review necessary to decide whether the issues on this appeal are the same as those on a prior appeal, and decide whether our prior dicta should now become holding. This is the merits of the appeal. (See Black v. Meadowview Homes, Inc., 201 So.2d 218, 219 (La.App.1967), for its view of the analogous problem of res judicata.) The motion to dismiss is accordingly denied. Motion to dismiss denied.