In re the Succession of Washington

Louisiana Court of Appeal

In re the Succession of Washington

380 So. 2d 154, 1979 La. App. LEXIS 4002

CourtLouisiana Court of Appeal

DecidedDecember 27, 1979

DocketNo. 12936

StatusPublished

Cited by1 cases

This text of 380 So. 2d 154 (In re the Succession of Washington) 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 the Succession of Washington, 380 So. 2d 154, 1979 La. App. LEXIS 4002 (La. Ct. App. 1979).

Pincite

Opinion

PONDER, Judge.

This is an appeal from the granting of a new trial on a judgment of possession in succession proceedings.

Two legatees had a will probated and were sent into possession by the lower court. Petitioner, an alleged illegitimate son of the deceased, requested and was granted a new trial.

Legatees appealed and now claim petitioner could not ask for a new trial because he was not a party. They contend petitioner has used an improper procedure to assert his claim on the succession and should not be granted the relief sought.

The granting or denying of a motion for a new trial is a nonappealable judgment. Miller v. Chicago Insurance Company, 320 So.2d 134 (La.1975) and Jackson v. Watson, 360 So.2d 582 (La.App. 4th Cir. 1978).

It is an interlocutory decree and appellants have not alleged, much less proved, irreparable injury. La.C.C.P. Art. 2083.

We therefore dismiss the appeal on our own motion at appellant’s costs.

DISMISSED.

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