Duplechin v. Toce
Duplechin v. Toce, 434 So. 2d 648 (La. Ct. App. 1st Cir. 1983).
Cited by
- Bellard v. Biddle 834 So. 2d 1238 La. Ct. App. 3d Cir. 2002
- State Ex Rel. Ieyoub v. Racetrac Petroleum, Inc. 790 So. 2d 673 La. Ct. App. 3d Cir. 2001
Authorities cited
Identified automatically; this list may not be exhaustive.
- Wallace v. Pan American Fire & Cas. Co. 386 So. 2d 158
- Millet v. Johnson 352 So. 2d 1301
- Succession of Dixon 352 So. 2d 727
Opinion text
KNOLL, Judge. This is an appeal from a judgment on peremptory exceptions of no right of action and res judicata. The suit was filed by Janelle Marie Duplechin against John Joseph Toce for tortious damages. Toce filed the exceptions prior to answer being filed. The trial court overruled the exceptions, to which ruling Toce brings this appeal. A judgment which overrules an exception is not a final judgment but is only interlocutory. LSA-C.C.P. Art. 1841. An interlocutory judgment is not a final disposition of the matter. Such a judgment is not appealable unless the appellant shows that this judgment will cause irreparable injury. LSA-C.C.P. Art. 2083; Wallace v. Pan American Fire & Cas. Co., 386 So.2d 158 (La.App. 3rd Cir.1980); Millet v. Johnson, 352 So.2d 1301 (La.App. 4th Cir.1977); Succession of Dixon, 352 So.2d 727 (La.App. 4th Cir.1977). Defendant-appellant has failed to show irreparable injury. Should the final judgment be adverse to him, Toce will then have the right to appeal these issues. For the foregoing reasons we dismiss defendant-appellant’s appeal ex proprio motu at his costs. APPEAL DISMISSED.