May v. Jackson Brewing Co.

Louisiana Court of Appeal

May v. Jackson Brewing Co.

275 So. 2d 201, 1973 La. App. LEXIS 5668

Louisiana Court of Appeal·Decided March 20, 1973·No. No. 5290·Published·Cited by 3 cases

Opinion

REDMANN, Judge.

From an October 7, 1971 judgment on a rule for preliminary injunction plaintiff and one defendant (Jackson Brewing Company) each filed a petition for appeal on November 9, 1971.

Obliged to note timeliness of appeals, Orrell v. Southern Farm Bur. Cas. Ins. Co., 248 La. 576, 180 So.2d 710 (1965), we point out that these appeals were not taken “within fifteen days from the date of the order or judgment” (“relating to a preliminary injunction”) as C.C.P. art. 3612 requires. Plaintiff’s application within, three judicial days for a new trial (refused October 27) did not extend this period; Morris v. Transtates Petr., Inc., 258 La. 311, 246 So.2d 183 (1971).

The appeals are dismissed.

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REDMANN, Judge.

From an October 7, 1971 judgment on a rule for preliminary injunction plaintiff and one defendant (Jackson Brewing Company) each filed a petition for appeal on November 9, 1971.

Obliged to note timeliness of appeals, Orrell v. Southern Farm Bur. Cas. Ins. Co., 248 La. 576, 180 So.2d 710 (1965), we point out that these appeals were not taken “within fifteen days from the date of the order or judgment” (“relating to a preliminary injunction”) as C.C.P. art. 3612 requires. Plaintiff’s application within, three judicial days for a new trial (refused October 27) did not extend this period; Morris v. Transtates Petr., Inc., 258 La. 311, 246 So.2d 183 (1971).

The appeals are dismissed.

May v. Jackson Brewing Co., 275 So. 2d 201, 1973 La. App. LEXIS 5668 (La. Ct. App. 1973).

Pincite

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Opinion

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