Duhon v. Allen

Louisiana Court of Appeal

Duhon v. Allen

537 So. 2d 403, 1989 La. App. LEXIS 176, 1989 WL 7336

CourtLouisiana Court of Appeal

DecidedJanuary 31, 1989

DocketNo. W89-41

StatusPublished

This text of 537 So. 2d 403 (Duhon v. Allen) 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

Duhon v. Allen, 537 So. 2d 403, 1989 La. App. LEXIS 176, 1989 WL 7336 (La. Ct. App. 1989).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY:

Once the trial court granted the relators’ order of appeal on November 3, 1988, it lacked jurisdiction to hear and decide whether the judgments were appealable judgments. Once the order for appeal had been granted, the jurisdiction of the Court of Appeal attached to decide such issues. For this reason the judgment dated December 14, 1988, recalling and vacating the order of appeal is null and void and the order of appeal is hereby reinstated.

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WRIT GRANTED AND MADE PEREMPTORY:

Once the trial court granted the relators’ order of appeal on November 3, 1988, it lacked jurisdiction to hear and decide whether the judgments were appealable judgments. Once the order for appeal had been granted, the jurisdiction of the Court of Appeal attached to decide such issues. For this reason the judgment dated December 14, 1988, recalling and vacating the order of appeal is null and void and the order of appeal is hereby reinstated.

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Bluebook (online)

537 So. 2d 403, 1989 La. App. LEXIS 176, 1989 WL 7336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duhon-v-allen-lactapp-1989.