Opinion
No. 14873.
October 12, 1981.
APPEAL FROM SEVENTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFOURCHE, STATE OF LOUISIANA, HONORABLE W. J. FALGOUT, J.
Randall M. Alfred, of Marcel Alfred, Houma, for plaintiff-appellant Evans Thibodeaux.
James E. Kuhn, of Fayard, Morrison Kuhn, Denham Springs, David L. Landry, Thibodaux, for defendant-appellee Hood Enterprises, Inc.
Before ELLIS, LOTTINGER and PONDER, JJ.
ON MOTION TO DISMISS
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 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.