Employers Mutual Liability Insurance Co. of Wisconsin v. Harry
Also decided on this docket: La. Ct. App. 1st Cir., September 30, 1953 67 So. 2d 338; La. Ct. App. 1st Cir., May 16, 1921 4 Pelt. 541; La. Ct. App. 3d Cir., February 4, 1981 394 So. 2d 727; La. Ct. App. 4th Cir., May 17, 1977 347 So. 2d 274
Employers Mutual Liability Insurance Co. of Wisconsin v. Harry, 238 So. 2d 209 (La. Ct. App. 1st Cir. 1970).
Cited by
- Durbin v. State Farm Fire & Casualty Co. 525 So. 2d 726 La. Ct. App. 1st Cir. 1988
- Bartley v. Insurance Co. of North America 406 So. 2d 712 La. Ct. App. 1st Cir. 1981
Opinion text
ELLIS, Judge (dissenting): I disagree with the conclusion that the judgment herein is not a final judgment and therefore not appealable. Under Article 1841 of the Code of Civil Procedure, a judgment is “the determination of the rights of the parties in an action”. A final judgment is one that determines the merits in whole or in part. Article 421 of the Code of Civil Procedure de *212 fines an action as “a demand for the enforcement of a legal right.” Plaintiff here is claiming a legal right to have defendant examined by a physician, and asserts no other right. Defendant is resisting the claim, but makes no claim for any other relief. There is no other suit between these parties at this time, and there may never be. Under the circumstances, the judgment appealed from adjudicates in its entirety the dispute between the parties. I believe it to be a final judgment under the above authorities, and appealable under Article 2083 of the Code of Civil Procedure. I therefore dissent. Ellis, J., dissents from refusal to grant a rehearing.