Polite v. Newman

Louisiana Court of Appeal

Polite v. Newman

385 So. 2d 326, 1980 La. App. LEXIS 3911

Louisiana Court of Appeal·Decided March 31, 1980·No. No. 13512·Published

Opinion

PONDER, Judge.

We issued a rule to show cause why an unlodged appeal should not be dismissed after appellee had moved for the dismissal.

The trial court denied a request by defendant for the appointment of a surveyor in a possessory action. The defendant moved for a new trial; the trial court denied the motion. Defendant then moved for a devolutive appeal 'from the judgment denying a new trial of the motion. There is no appeal from a judgment denying a new trial absent a showing of irreparable injury. Jackson v. Watson, 360 So.2d 582 (La.App. 4th Cir. 1978). Appellant has made no such showing.

APPEAL DISMISSED.

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PONDER, Judge.

We issued a rule to show cause why an unlodged appeal should not be dismissed after appellee had moved for the dismissal.

The trial court denied a request by defendant for the appointment of a surveyor in a possessory action. The defendant moved for a new trial; the trial court denied the motion. Defendant then moved for a devolutive appeal 'from the judgment denying a new trial of the motion. There is no appeal from a judgment denying a new trial absent a showing of irreparable injury. Jackson v. Watson, 360 So.2d 582 (La.App. 4th Cir. 1978). Appellant has made no such showing.

APPEAL DISMISSED.

Polite v. Newman, 385 So. 2d 326, 1980 La. App. LEXIS 3911 (La. Ct. App. 1980).

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Opinion

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