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National Safe Corp. v. Benedict & Myrick, Inc.

367 So. 2d 871, 1978 La. App. LEXIS 3388
Louisiana Court of Appeal·Decided May 9, 1978·No. No. 12153·Published·Cited by 8 cases

Opinion

EDWARDS, Judge.

On April 7, 1978, National Safe Corporation, the appellee, filed a motion to dismiss this appeal, contending that the trial court’s judgment, granting a partial summary judgment, is an interlocutory judgment and is not appealable absent a showing of irreparable injury.

We find this contention untenable.

All summary judgments, whether they grant all or only a part of the relief prayed for, are final judgments and consequently are appealable. LSA-C.C.P. arts. 968 and 2083. See Beckham v. Hartford Accident and Indemnity Company, 137 So.2d 99 (La.App. 3rd Cir. 1962).

Accordingly, the motion to dismiss is denied at appellee’s cost.

MOTION DENIED.

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National Safe Corp. v. Benedict & Myrick, Inc., 367 So. 2d 871, 1978 La. App. LEXIS 3388 (La. Ct. App. 1978).

367 So. 2d 871 (National Safe Corp. v. Benedict & Myrick, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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