Sciortino v. Levitz Furniture Co.
This text of 375 So. 2d 1197 (Sciortino v. Levitz Furniture Co.) 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.
Opinion
Joseph SCIORTINO, Jr.
v.
LEVITZ FURNITURE COMPANY et al.
Court of Appeal of Louisiana, Fourth Circuit.
ORDER
On our staff's questioning the appealability of a preliminary judgment for workmen's compensation against a nonanswering employer, La.R.S. 23:1316, we hold, with Braddy v. Triangle Timber, Inc., La.App. 1 Cir. 1977, 345 So.2d 1252, (notwithstanding Vizina v. Industrial Indem. Co., La.App. 3 Cir. 1979, 374 So.2d 753) that R.S. 23:1351's appealability of "any judgment" under the workmen's compensation statute includes appealability of a preliminary judgment under R.S. 23:1316.
We also note, however, that this suspensive appeal on the preliminary judgment is delaying for naught the ultimate adjudication of plaintiff's claim.
We remand the original record to the trial court for action on defendant's motion to fix for trial (filed six days after the preliminary judgment) so that the merits may be disposed of in due course, while we retain this appeal with all of its questions as to the propriety of the preliminary judgment.
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375 So. 2d 1197, 1979 La. App. LEXIS 3296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sciortino-v-levitz-furniture-co-lactapp-1979.