L. & L. Oil Co. v. Cheramie Inland Towing Co.
Also decided on this docket: La. Ct. App. 1st Cir., September 24, 1962 145 So. 2d 411; La. Ct. App. 1st Cir., June 30, 1930 129 So. 244; La., July 15, 1877 29 La. Ann. 722; La., July 15, 1876 28 La. Ann. 813
L. & L. Oil Co. v. Cheramie Inland Towing Co., 145 So. 2d 653 (La. Ct. App. 1st Cir. 1962).
Opinion text
On Application for Rehearing PER CURIAM. In application for rehearing counsel complains that our opinion on original hearing failed to consider or adjudicate the Exception of Non-joinder of Indispensable Parties filed in this court on behalf of defendant-appellant. LSA-C.C.P. art. 2163 provides that an appellate court may consider peremptory exceptions filed therein for the first time. C.C.P. art. 926 specifically defines the pleading in question as a dilatory exception which, under the provision of Art. 928, is required to be filed in limine. Accordingly, the exception was not considered. Rehearing denied.