Hall v. Ponds
Also decided on this docket: La. Ct. App. 1st Cir., September 30, 1976 338 So. 2d 376; La. Ct. App. 4th Cir., August 7, 1973 282 So. 2d 563
Hall v. Ponds, 336 So. 2d 63 (La. Ct. App. 1st Cir. 1976).
Opinion text
MILLER, Judge. Following oral argument of this case, both parties learned they had received an incorrect notice of judgment indicating the trial court signed the judgment submitted by one party when in fact the trial court signed the judgment submitted by the other party. The appeal was perfected on the basis of the wrong judgment. LSA-C.C.P. arts. 1913 and 1974 contemplate that the Clerk of Court shall mail a correct notice of judgment in order to begin the delays for taking an appeal. *64 To protect both parties we are dismissing this appeal and remanding the case to the trial court to allow the parties to receive a correct notice of judgment. LSA-C.C.P. art. 2164. The parties can then protect their interests by taking new appeals. Costs of this appeal will be taxed when this litigation is next before us. REMANDED.