No. 7553 Precedential Processed

McInnis v. McInnis

Louisiana Court of Appeal, First Circuit · Filed July 1, 1968 · 212 So. 2d 551

Also decided on this docket: La. Ct. App. 1st Cir., April 9, 1980 383 So. 2d 125; La. Ct. App. 1st Cir., July 29, 1976 336 So. 2d 972; La. Ct. App. 1st Cir., December 5, 1950 49 So. 2d 474

Cited by

X-L Finance Co. v. Green 212 So. 2d 549 La. Ct. App. 1st Cir. 1968

Authorities cited

Identified automatically; this list may not be exhaustive.

Woodcock v. Crehan 28 So. 2d 61

Opinion text

ELLIS, Judge. This is a motion to dismiss an appeal from a judgment which overruled an exception to the jurisdiction over the subject matter of the case. It is well settled that such a judgment is interlocutory and that an appeal does not lie therefrom. No showing of irreparable injury has been made. Woodcock v. Crehan, 28 So.2d 61 (La.App. 1 Cir. 1946). We are also asked to order the Family Court Judge to assign this case for trial on the merits promptly. Since the case is on appeal, that Court has been divested of jurisdiction. No showing has been or could be made that the Family Court has arbitrarily refused to hear the case. To issue such an order at this time would be an unwarranted interference in the administration of the Family Court. Appeal dismissed.