Opinion
No. 96-377.
June 5, 1996.
APPEAL FROM SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF ST. MARTIN, STATE OF LOUISIANA, HONORABLE ANNE J. SIMON.
Don J. Hernandez, New Orleans, Joslyn Renee Alex, Franklin, for Barbara Dalcourt Dugas et vir.
Julius Willis Grubbs, Jr., New Iberia, for Audubon Insurance Company, et al.
Before YELVERTON, THIBODEAUX and WOODARD, JJ.
This court issued a rule to show cause to the plaintiffs-appellants, Barbara Dalcourt Dugas Waldo Dugas, why the above captioned appeal should not be dismissed on the ground that the judgment appealed was a nonappealable interlocutory ruling. We hereby dismiss the appeal.
On July 27, 1994, the plaintiffs filed this damage suit against the defendants. The plaintiffs filed a motion to have case refixed as a jury trial on September 21, 1995. A hearing was held on the motion on September 21, 1995. On November 16, 1995, the trial court rendered judgment denying the motion to refix as a jury trial. Notice of judgment was mailed on November 28, 1995. Plaintiffs filed a petition for an appeal on December 13, 1995. The record was lodged with this court on March 27, 1996. On March 27, 1996, this court issued a rule to show cause why the above captioned appeal should not be dismissed as being an appeal from a nonappealable interlocutory ruling. The appellant did not respond to the rule to show cause.
In Bernard v. Allstate Insurance Company, 396 So.2d 548 (La.App. 3 Cir. 1981), this court held that a judgment denying a jury trial was a non-appealable, interlocutory judgment, and that the better procedure for seeking review of an order denying a jury trial is by supervisory writ application since such review is more expeditious than an appeal. See also Edward J. Milligan, Jr., Ltd. v. Keele, 610 So.2d 1087 (La.App. 3 Cir. 1992).
APPEAL DISMISSED .