Cotton's Holsum Employees Federal Credit Union v. Silers

Louisiana Court of Appeal

Cotton's Holsum Employees Federal Credit Union v. Silers

222 So. 2d 652, 1969 La. App. LEXIS 5115

CourtLouisiana Court of Appeal

DecidedMay 7, 1969

DocketNo. 2793

StatusPublished

This text of 222 So. 2d 652 (Cotton's Holsum Employees Federal Credit Union v. Silers) 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.

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Cotton's Holsum Employees Federal Credit Union v. Silers, 222 So. 2d 652, 1969 La. App. LEXIS 5115 (La. Ct. App. 1969).

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Opinion

Motions to Dismiss the Appeal.

En Bañe.

PER CURIAM.

This is a suit upon a note secured by a chattel mortgage against several defendants. One codefendant, David A. Silers, filed an exception pleading improper venue. The exception was overruled. Silers appeals from the final judgment overruling said exception. The plaintiff moves to dismiss the appeal.

We sustain the motion. The judgment overruling an exception of improper venue is a nonappealable interlocutory judgment.

Under LSA-C.C.P. Article 2083, only interlocutory judgments causing irreparable injury may be appealed. Judgments overruling exceptions are interlocutory; and, ordinarily, they do not cause irreparable injury, because, upon appeal from a final judgment on the merits, a decree of the appellate court may restore the ex-ceptor to the identical position under the pleadings he occupied before the rendering of the interlocutory decree or order complained of. Rapides Cent. Ry. Co. v. Missouri Pac. R. Co., 207 La. 870, 22 So.2d 200; Lounsberry v. Hoffpauir, La.App. 3d Cir., 199 So.2d 553; see also discussion in Broussard v. Liberty Mutual Insurance Co., La.App. 3d Cir., 204 So.2d 714.

[653]*653The defendant-appellant is to pay the costs of this appeal; all other costs to await the final disposition of this appeal.

Appeal dismissed.

CULPEPPER, J., recused.

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Motions to Dismiss the Appeal.

En Bañe.

PER CURIAM.

This is a suit upon a note secured by a chattel mortgage against several defendants. One codefendant, David A. Silers, filed an exception pleading improper venue. The exception was overruled. Silers appeals from the final judgment overruling said exception. The plaintiff moves to dismiss the appeal.

We sustain the motion. The judgment overruling an exception of improper venue is a nonappealable interlocutory judgment.

Under LSA-C.C.P. Article 2083, only interlocutory judgments causing irreparable injury may be appealed. Judgments overruling exceptions are interlocutory; and, ordinarily, they do not cause irreparable injury, because, upon appeal from a final judgment on the merits, a decree of the appellate court may restore the ex-ceptor to the identical position under the pleadings he occupied before the rendering of the interlocutory decree or order complained of. Rapides Cent. Ry. Co. v. Missouri Pac. R. Co., 207 La. 870, 22 So.2d 200; Lounsberry v. Hoffpauir, La.App. 3d Cir., 199 So.2d 553; see also discussion in Broussard v. Liberty Mutual Insurance Co., La.App. 3d Cir., 204 So.2d 714.

[653]*653The defendant-appellant is to pay the costs of this appeal; all other costs to await the final disposition of this appeal.

Appeal dismissed.

CULPEPPER, J., recused.

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222 So. 2d 652, 1969 La. App. LEXIS 5115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cottons-holsum-employees-federal-credit-union-v-silers-lactapp-1969.

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