Opinion
No. 95-OC-1074
May 5, 1995
IN RE: Abuan, Nestor; Valdez, Carlos; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Plaquemines Twenty-Fifth Judicial District Court Div. "B" Number 38-719; to the Court of Appeal, Fourth Circuit, Number 95CA-0629
Writ granted. The court of appeal erred in denying the plaintiff's motion to dismiss the appeal since no appeal may be taken from the denial of peremptory exceptions or denial of a motion for summary judgment. However, if a timely filing of a motion or other pleading was made in the court of appeal, that filing may be considered as a writ application. Remanded to the court of appeal for further action.
WFM
PFC
JCW
HTL
CDK
BJJ
JPV
DENNIS, J. not on panel.