Commercial Standard Ins. v. Johnson

Louisiana Court of Appeal

Commercial Standard Ins. v. Johnson

67 So. 2d 504, 1953 La. App. LEXIS 778

CourtLouisiana Court of Appeal

DecidedSeptember 30, 1953

DocketNo. 8061

StatusPublished

This text of 67 So. 2d 504 (Commercial Standard Ins. v. Johnson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial Standard Ins. v. Johnson, 67 So. 2d 504, 1953 La. App. LEXIS 778 (La. Ct. App. 1953).

Pincite

Opinion

HARDY, Judge.

This is a suit in which plaintiff, as sub-rogee of its insured, seeks judgment against the defendants jointly, severally and in solido, in the sum of $12,503.36, being the amount paid by plaintiff to its insured in. settlement of the loss of the cargo of a tractor-trailer unit resulting from an automobile collision allegedly caused by the negligence of defendants. From an adverse judgment plaintiff has appealed.

Under the plain provisions of Section 10, Article 7, of the Constitution of 1921 appellate jurisdiction in civil suits where the amount in dispute exceeds $2,000, exclusive of interest, is conferred upon the Supreme’ Court. It follows that this court is without jurisdiction of the appeal.

It is therefore ordered that this case be and it is hereby transferred to the Honorable the Supreme Court of Louisiana and plaintiff is allowed sixty days from the date upon which this judgment becomes final within which to perfect the appeal by filing proper transcript in said court, otherwise the said appeal shall stand dismissed. Plaintiff-appellant is taxed with the costs, of this appeal and all other costs await final, determination of the cause.

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HARDY, Judge.

This is a suit in which plaintiff, as sub-rogee of its insured, seeks judgment against the defendants jointly, severally and in solido, in the sum of $12,503.36, being the amount paid by plaintiff to its insured in. settlement of the loss of the cargo of a tractor-trailer unit resulting from an automobile collision allegedly caused by the negligence of defendants. From an adverse judgment plaintiff has appealed.

Under the plain provisions of Section 10, Article 7, of the Constitution of 1921 appellate jurisdiction in civil suits where the amount in dispute exceeds $2,000, exclusive of interest, is conferred upon the Supreme’ Court. It follows that this court is without jurisdiction of the appeal.

It is therefore ordered that this case be and it is hereby transferred to the Honorable the Supreme Court of Louisiana and plaintiff is allowed sixty days from the date upon which this judgment becomes final within which to perfect the appeal by filing proper transcript in said court, otherwise the said appeal shall stand dismissed. Plaintiff-appellant is taxed with the costs, of this appeal and all other costs await final, determination of the cause.

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Bluebook (online)

67 So. 2d 504, 1953 La. App. LEXIS 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-standard-ins-v-johnson-lactapp-1953.