No. 4226 Precedential Processed

Frazier v. Muse

Louisiana Court of Appeal, First Circuit · Filed June 29, 1956 · 88 So. 2d 729

Also decided on this docket: La. Ct. App. 1st Cir., February 16, 1932 139 So. 702; La. Ct. App. 3d Cir., August 20, 1973 282 So. 2d 845; La. Ct. App. 4th Cir., January 11, 1971 243 So. 2d 307

Authorities cited

Identified automatically; this list may not be exhaustive.

Greene v. Baynard 194 La. 409
Fidelity & Casualty Co. of New York v. Callicott 83 So. 2d 671
Poole v. Home Ins. Co. 71 So. 2d 416
Perrodin v. Tillson 52 So. 2d 306

Opinion text

TATE, Judge. Plaintiff appeals from judgment in favor of defendant. Defendant filed in this Court a motion to dismiss the appeal. The record reflects: Plaintiff by oral motion on January 13, 1956, devolutively appealed to this court, upon the District Court’s oral ruling in favor of defendant at conclusion of the trial. Written judgment was not signed, however, until January 16, 1956, or three days subsequent to the order of appeal. “ ‘It is now the well-settled jurisprudence of this State, that no appeal lies from a judgment before it is signed; in such a case the judgment is inchoate, and the appeal premature, C.P. Arts. 546, 555, 558;”’ (cases cited) Greene v. Baynard, 194 La. 409 , 193 So. 690 at page 691; Fidelity and Casualty Company of N. Y. v. Callicott, La. App. 1 Cir., 83 So.2d 671 ; see also Poole v. Home Insurance Company, La.App. 1 Cir., 71 So.2d 416 ; Perrodin v. Tillson, La.App. 1 Cir., 52 So.2d 306 ; Article 565, C.P. The motion to dismiss the appeal is granted. For the reasons given the appeal herein is hereby dismissed at the cost of the plaintiff-appellant. Appeal dismissed.