No. 6331 Precedential Processed

Tolbert v. Thomas

Louisiana Court of Appeal, First Circuit · Filed March 8, 1965 · 173 So. 2d 391

Also decided on this docket: La. Ct. App. 1st Cir., September 10, 1974 302 So. 2d 60; La. Ct. App. 1st Cir., May 13, 1974 295 So. 2d 65; La. Ct. App. 1st Cir., March 29, 1915 12 Teiss. 250; La. Ct. App. 3d Cir., March 7, 1978 355 So. 2d 1371

Cited by

Malbrough v. Kiff 312 So. 2d 915 La. Ct. App. 1st Cir. 1975
King v. King 253 So. 2d 660 La. Ct. App. 1st Cir. 1971
Loeb v. Loeb 255 So. 2d 391 La. Ct. App. 4th Cir. 1971
Buras v. Plaquemines Parish Democratic Executive Committee 202 So. 2d 678 La. Ct. App. 1st Cir. 1967
Forman v. May 201 So. 2d 683 La. Ct. App. 3d Cir. 1967
Fogleman v. Crowley Building & Loan Ass'n 200 So. 2d 790 La. Ct. App. 1st Cir. 1967
Wooten v. Central Mutual Insurance 200 So. 2d 785 La. Ct. App. 1st Cir. 1967
Verret v. Calcasieu Parish School Board 200 So. 2d 791 La. Ct. App. 1st Cir. 1967

Authorities cited

Identified automatically; this list may not be exhaustive.

Brown v. Boudreaux 207 La. 233
Mayfair Sales, Inc. v. Sams 154 So. 2d 616
Southern Bell Telephone & Telegraph Co. v. Ace Freight Lines, Inc. 155 So. 2d 107
Davis v. Underwriters at Lloyd's of London 142 So. 2d 803

Opinion text

LANDRY, Judge. Defendant herein, Roy Thomas, prosecutes this appeal from the judgment of the Honorable City Court, City of Baton Rouge, Louisiana, adjudging him to be in constructive contempt of an order of said tribunal directing his surrender of certain property seized pursuant to a writ of sequestration duly issued in execution of a judgment rendered against appellant and in favor of plaintiff-appellee, James Tol-bert The Court, Ex proprio motu notes the absence from the record of a signed judgment, thus necessitating dismissal of the present appeal. Examination of the record herein reveals the following minute entry inscribed October 23, 1963: “This case came on this day for hearing on the Rule for Contempt. PRESENT IN COURT: C. Alvin Tyler, Attorney for Plaintiff and Patsy McDowell Cooper, Attorney for Defendant. Patsy McDowell Cooper filed Exceptions of No Right or no Cause of Action. The court after hearing the pleadings, evidence and argument of counsel ruled that the Exception of No Right No (sic) Cause of Action be over-ruled. The Court also made the Rule alsolute (sic) as to Constructive Contempt. The defendant was sentenced to pay a fine of $25.00 or in default to serve a term of 10 days in the Parish Jail said sentence being deferred for one week.” We have diligently searched the record in the instant matter and find no evidence of a formal written judgment having been read, rendered and signed in open Court as required by LSA-C.C.P. Article 1911. It is well settled that an appeal may be taken only from a signed judgment *392 inasmuch as a definitive judgment is not considered rendered and is therefore not appealable until it has been signed by the judge who announced the decision. LSA-C.C.P. Article 1911; Brown v. Boudreaux, 207 La. 233 , 21 So.2d 44 ; Mayfair Sales, Incorporated v. Sams, La.App., 154 So.2d 616 ; Southern Bell Telephone and Telegraph Company v. Ace Freight Lines, Inc., et al., 155 So.2d 107 ; Davis v. Underwriters at Lloyd’s of London, La.App., 142 So.2d 803 . Accordingly, the instant appeal is hereby dismissed and this matter remanded to the City Court, City of Baton Rouge, Louisiana, for further proceedings, appellant to pay all costs of this appeal. Remanded.