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McGrew v. State Farm Mutual Auto. Ins. Co.

Court of Appeal of Louisiana, Second Circuit
Jan 8, 1974
291 So. 2d 479 (La. Ct. App. 1974)

Opinion

No. 12209.

January 8, 1974.

APPEAL FROM FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE JAMES E. CLARK, J.

Hal V. Lyons, Shreveport, for plaintiff-appellant.

Jack D. Barnett, Shreveport, for defendant-appellee.

Before PRICE, HALL and WILLIAMS, JJ.


This is an appeal by plaintiff from a judgment of the district court rejecting plaintiff's motion for summary judgment.

Defendant filed a motion to dismiss the appeal citing LSA-C.C.P. Art. 968 which states in part:

"An appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment."

The district court's refusal to grant a summary judgment is an interlocutory judgment not causing irreparable injury and is not appealable under the express provisions of LSA-C.C.P. Art. 968 or under the provisions of LSA-C.C.P. Art. 2083 relating to appeals generally. Sunmaster Products Company v. Welch, 156 So.2d 96 (La.App. 1st Cir. 1963) writ refused 245 La. 87, 157 So.2d 232 (1963); Sim v. Beauregard Electric Cooperative, 241 So.2d 26 (La.App. 3d Cir. 1970) writ refused 257 La. 278, 242 So.2d 248 (1971); Songe v. Tennessee Life Insurance Company, 260 So.2d 149 (La.App. 4th Cir. 1972).

Accordingly, this appeal is dismissed at plaintiff-appellant's cost.

Dismissed.


Summaries of

McGrew v. State Farm Mutual Auto. Ins. Co.

Court of Appeal of Louisiana, Second Circuit
Jan 8, 1974
291 So. 2d 479 (La. Ct. App. 1974)
Case details for

McGrew v. State Farm Mutual Auto. Ins. Co.

Case Details

Full title:JOHN R. McGREW, PLAINTIFF-APPELLANT, v. STATE FARM MUTUAL AUTOMOBILE…

Court:Court of Appeal of Louisiana, Second Circuit

Date published: Jan 8, 1974

Citations

291 So. 2d 479 (La. Ct. App. 1974)

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