McGrew v. State Farm Mutual Automobile Insurance

Louisiana Court of Appeal

McGrew v. State Farm Mutual Automobile Insurance

291 So. 2d 479, 1974 La. App. LEXIS 3287

CourtLouisiana Court of Appeal

DecidedJanuary 8, 1974

DocketNo. 12209

StatusPublished

Cited by1 cases

This text of 291 So. 2d 479 (McGrew v. State Farm Mutual Automobile Insurance) 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

McGrew v. State Farm Mutual Automobile Insurance, 291 So. 2d 479, 1974 La. App. LEXIS 3287 (La. Ct. App. 1974).

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Opinion

HALL, Judge.

This is an appeal by plaintiff from a judgment of the district court rejecting plaintiff’s motion for summary judgment.

Defendant filed a motion to dismiss the appeal citing LSA-C.C.P. Art. 968 which states in part:

“An appeal does not lie from the court’s refusal to render any judgment on the pleading or summary judgment.”

The district court’s refusal to grant a summary judgment is an interlocutory judgment not causing irreparable injury and is not appealable under the express provisions of LSA-C.C.P. Art. 968 or under the provisions of LSA-C.C.P. Art. 2083 relating to appeals generally. Sunmaster Products Company v. Welch, 156 So.2d 96 (La.App. 1st Cir. 1963) writ refused 245 La. 87, 157 So.2d 232 (1963); Sim v. Beauregard Electric Cooperative, 241 So.2d 26 (La.App. 3d Cir. 1970) writ refused 257 La. 278, 242 So.2d 248 (1971); Songe v. Tennessee Life Insurance Company, 260 So.2d 149 (La.App. 4th Cir. 1972).

Accordingly, this appeal is dismissed at plaintiff-appellant’s cost.

Dismissed.

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HALL, Judge.

This is an appeal by plaintiff from a judgment of the district court rejecting plaintiff’s motion for summary judgment.

Defendant filed a motion to dismiss the appeal citing LSA-C.C.P. Art. 968 which states in part:

“An appeal does not lie from the court’s refusal to render any judgment on the pleading or summary judgment.”

The district court’s refusal to grant a summary judgment is an interlocutory judgment not causing irreparable injury and is not appealable under the express provisions of LSA-C.C.P. Art. 968 or under the provisions of LSA-C.C.P. Art. 2083 relating to appeals generally. Sunmaster Products Company v. Welch, 156 So.2d 96 (La.App. 1st Cir. 1963) writ refused 245 La. 87, 157 So.2d 232 (1963); Sim v. Beauregard Electric Cooperative, 241 So.2d 26 (La.App. 3d Cir. 1970) writ refused 257 La. 278, 242 So.2d 248 (1971); Songe v. Tennessee Life Insurance Company, 260 So.2d 149 (La.App. 4th Cir. 1972).

Accordingly, this appeal is dismissed at plaintiff-appellant’s cost.

Dismissed.

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Bluebook (online)

291 So. 2d 479, 1974 La. App. LEXIS 3287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrew-v-state-farm-mutual-automobile-insurance-lactapp-1974.

Opinion

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