Misko v. Capuder

Full title: louise MISKO, Plaintiff-Appellant, v. Albert L. CAPUDER, Defendant-Appellee

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Mar 31, 1965

173 So. 2d 210 (La. Ct. App. 1965)

Opinion

No. 1447.

March 31, 1965.

APPEAL FROM FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, JEROME E. DOMENGEAUX, J.

Piccione, Piccione Wooten, by Joseph J. Piccione, Lafayette, for plaintiff-appellant.

Mouton, Champagne Colomb, by Welton P. Mouton, Lafayette, for defendant-appellee.

En Banc.

PER CURIAM.

This is a companion suit to Capuder v. Misko, 173 So.2d 210. The motion to dismiss in this case is also based upon the absence of a signed judgment. There is, therefore, no final judgment from which an appeal can be taken and the appeal must be dismissed in the absence of a signed judgment. LSA-C.C.P. Art. 1911; Fontenot v. Lee, 160 So.2d 26 (La.App. 3 Cir., 1964).

For the reasons assigned, the appeal is dismissed without prejudice, at the cost of appellant.

Appeal dismissed.