In re Carter

Louisiana Court of Appeal

In re Carter

357 So. 2d 1175, 1978 La. App. LEXIS 3771

CourtLouisiana Court of Appeal

DecidedFebruary 8, 1978

DocketNo. 6497

StatusPublished

Cited by9 cases

This text of 357 So. 2d 1175 (In re Carter) 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

In re Carter, 357 So. 2d 1175, 1978 La. App. LEXIS 3771 (La. Ct. App. 1978).

Pincite

Opinion

DOMENGEAUX, Judge.

MOTION TO DISMISS APPEAL

This is an appeal from a judgment which found appellant, Mr. Carter, in direct contempt of court as set forth in LSA-C.C.P. art. 222(1). We issued, ex proprio motu, a rule to show cause why the appeal should not be dismissed in that a contempt judgment is not a judgment from which an appeal may be taken. The appellant has timely responded to the rule.

We dismiss the appeal.

[1176]*1176As stated by this court in Pasternack v. Lubritz, 280 So.2d 352 (La.App. 3rd Cir. 1973), “[o]ur jurisprudence is established that a judgment holding one party in a lawsuit in contempt of court is not a judgment from which an appeal may be taken. A litigant’s remedy in such a case is to apply to this Court for supervisory writs.” (citations omitted).

For the foregoing reasons, the appeal is dismissed. All costs of the appeal are assessed to appellant.

APPEAL DISMISSED.

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