No. 7544 Precedential Denied Processed

United Gas Pipe Line Co. v. Landry

Louisiana Court of Appeal, First Circuit · Filed July 1, 1968 · 212 So. 2d 458

Also decided on this docket: La. Ct. App. 1st Cir., April 15, 1981 398 So. 2d 94; La. Ct. App. 1st Cir., April 9, 1980 383 So. 2d 1079; La. Ct. App. 1st Cir., November 3, 1950 49 So. 2d 51; La. Ct. App. 1st Cir., May 15, 1919 2 Pelt. 411; La. Ct. App. 1st Cir., May 1, 1919 2 Pelt. 405; La. Ct. App. 4th Cir., June 30, 1976 334 So. 2d 559

Cited by

Opinion text

ON MOTION TO DISMISS APPEAL Before LOTTINGER, SARTAIN and ELLIS, JJ. SARTAIN, Judge. This case involves a motion to dismiss an appeal. The pertinent facts are as follows: I Defendants’ motion for a trial by jury was denied on February 29, 1968. Pursuant to a writ of mandamus issued by this court on March 1, 1968, the trial court, on March 4, 1968 signed an order granting defendants a devolutive appeal which was made returnable to this court on April 4, 1968. II The case was tried on the merits on March 5, 6, 7, 8 and 12, 1968. Judgment on the merits was rendered by the trial court on April 24, 1968. On May 1, 1968, the trial court signed an order of devolutive appeal, said appeal being made returnable to this court on June 25, 1968. Piecemeal appeals are not favored. Therefore, appellee’s motion to dismiss the appeal concerning the right to trial by *459 jury will be referred to the appeal on the merits. For the above and foregoing reasons, the motion to dismiss the first above referred to appeal is at this time denied. Motion to dismiss appeal denied.