Thibodeaux v. Hood Enterprises, Inc.

Louisiana Court of Appeal

Thibodeaux v. Hood Enterprises, Inc.

405 So. 2d 1249, 1981 La. App. LEXIS 5206

Louisiana Court of Appeal·Decided October 12, 1981·No. No. 14873·Published·Cited by 2 cases

Opinion

ON MOTION TO DISMISS

ELLIS, Judge.

This is an appeal from a judgment which sustained defendant’s exception of improper venue and dismissed plaintiff’s suit without prejudice. Defendant has moved to dismiss plaintiff’s appeal on the ground that the [1250] judgment appealed from is not a final judgment and therefore not appealable.

The motion is without merit. It is settled law that a judgment which dismisses a suit without prejudice is a final appealable judgment. People of Living God v. Chantilly Corporation, 251 La. 943, 207 So.2d 752 (1968); Pasquier, Batson & Co. v. Ewing, 367 So.2d 28 (La.App. 2nd Cir. 1978).

The motion is therefore denied at plaintiff’s cost.

MOTION DENIED.

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ON MOTION TO DISMISS

ELLIS, Judge.

This is an appeal from a judgment which sustained defendant’s exception of improper venue and dismissed plaintiff’s suit without prejudice. Defendant has moved to dismiss plaintiff’s appeal on the ground that the [1250] judgment appealed from is not a final judgment and therefore not appealable.

The motion is without merit. It is settled law that a judgment which dismisses a suit without prejudice is a final appealable judgment. People of Living God v. Chantilly Corporation, 251 La. 943, 207 So.2d 752 (1968); Pasquier, Batson & Co. v. Ewing, 367 So.2d 28 (La.App. 2nd Cir. 1978).

The motion is therefore denied at plaintiff’s cost.

MOTION DENIED.

Thibodeaux v. Hood Enterprises, Inc., 405 So. 2d 1249, 1981 La. App. LEXIS 5206 (La. Ct. App. 1981).

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Opinion

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