No. 5050 Precedential Processed

Savoy v. Doe

Louisiana Court of Appeal, First Circuit · Filed July 3, 1975 · 315 So. 2d 875

Also decided on this docket: La. Ct. App. 1st Cir., June 6, 1972 265 So. 2d 355; La., March 15, 1874 26 La. Ann. 149; La. Ct. App. 1st Cir., June 15, 1960 122 So. 2d 639

Cited by

Carriere v. Union Pac. R.R. Co. 269 So. 3d 1036 La. Ct. App. 1st Cir. 2019
Tasha Tolar Carriere and Daniel Bihm Marcantel v. Union Pacific Railroad Company La. Ct. App. 3d Cir. 2019
Portier v. Thrifty Way Pharmacy 476 So. 2d 1132 La. Ct. App. 3d Cir. 1985
Jones v. American Bank & Trust Co. 387 So. 2d 1360 La. Ct. App. 1st Cir. 1980
Rushing v. Protective National Ins. Co. of Omaha 315 So. 2d 876 La. Ct. App. 3d Cir. 1975

Authorities cited

Identified automatically; this list may not be exhaustive.

Rushing v. Protective National Ins. Co. of Omaha 315 So. 2d 876
Batson v. Time, Inc. 298 So. 2d 100
Cardean, Inc. v. Cannon 307 So. 2d 818

Opinion text

MILLER, Judge. Plaintiff Irvin Savoy appeals the judgment assessing him with half the court costs related to the dismissal of defendant Protective National Insurance Company of Omaha’s motion for summary judgment. We dismiss the appeal. This is a companion case to Rushing v. Protective National Insurance Insurance Company of Omaha, 315 So.2d 876 (La.App. 3 Cir. 1975), which is being handed down this date. The denial of Protective National’s motion for summary judgment in this case is not a final judgment. An appeal does not lie from the court’s refusal to render summary judgment. LSA-C.C.P. art. 968; Batson v. Time, Inc., 298 So.2d 100 (La.App. 1 Cir. 1974); Cardean, Inc. v. Cannon, 307 So.2d 818 (La.App. 3 Cir. 1975). The fixing of costs should not be determined prior to final adjudication of the suit. Small v. Zacharie, 4 Rob. 144 (1843). See also: Parkerson v. Borst, 256 F. 827 (5th Cir., 1919). This court is not required to review the assessment of costs prior to an appeal on the merits. Small v. Zacharie, supra; Parkerson v. Borst, supra. We therefore dismiss the appeal ex proprio motu. Costs of this appeal are assessed to plaintiff. Appeal dismissed.