Opinion
No. 2003-C-0281.
May 2, 2003.
IN RE: Venetian Isles Civic Improvement Association; Cowie, Kenneth Individually President; — Other(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. M, Nos. 2001-8505; to the Court of Appeal, Fourth Circuit, No. 2002-CA-0016.
Granted in part; denied in part. See order.
JLW
CDK
BJJ
JPV
CDT
JTK
CALOGERO, C.J., concurs with reasons.
ORDER
WRIT GRANTED IN PART, DENIED IN PART.
IT IS ORDERED that the portion of the court of appeal opinion reversing the the denial of a preliminary injunction in favor of plaintiff be reversed and the judgment of the trial court denying the preliminary injunction be hereby reinstated. An appeal from an order or judgment relating to a preliminary injunction must be taken within fifteen days from the date of the order or judgment. LSA-C.C.P. art. 3612(C).
IT IS FURTHER ORDERED that the remainder of the writ be denied.
/s/ John L. Weimer JUSTICE, SUPREME COURT OF LOUISIANA
I agree that the court of appeal decision reversing the trial court judgment on the preliminary injunction in favor of the plaintiff must be reversed because the appeal was not filed within the 15-day period established by La.Rev.Stat. art. 3612(C) for appealing an order regarding a preliminary injunction. Under the law, a consequence of this court's action is that the plaintiff will not be enjoined from operating as a marina, but will be enjoined as operating a wholesale seafood dock, until and unless a preliminary injunction is granted by the district court.