Dillon v. State

322 So. 2d 351, 1975 La. App. LEXIS 3319

Opinion

DENNIS, Judge.

On March 7, 1975, the trial court orally announced its decision to reject appellants’ rule to obtain custody of two minor children. The record does not contain a formal judgment signed in response to the trial judge’s oral reasons for his decision.

An appeal is premature in the absence of a signed judgment in the record and we must dismiss this appeal ex proprio motu. Louisiana Code of Civil Procedure, Articles 1911 and 2083; Cardean v. Cannon, 307 So.2d 818 (La.App., 3d Cir. 1975); McElwee v. McElwee, 244 So.2d 35 (La.App., 2d Cir. 1971); Advertiser, Division of Independent, Inc. v. Tubbs, 203 So.2d 418 (La.App., 3d Cir. 1967); Kleb v. Choate, 203 So.2d 422 (La.App., 3d Cir. 1967).

For the foregoing reasons, the appeal is dismissed without prejudice at the cost of the appellants.

Dismissed.