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Perez v. Verret

Court of Appeal of Louisiana, Fifth Circuit
Oct 16, 1991
588 So. 2d 398 (La. Ct. App. 1991)

Opinion

No. 91-CA-231.

October 16, 1991.

APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, NUMBER 341-524, DIVISION "E"; STATE OF LOUISIANA, HONORABLE CLARENCE E. McMANUS, JUDGE.

Thomas E. Loehn, New Orleans, for defendant-appellant.

Lester J. Waldmann, Gretna, for plaintiff-appellee.

Before GRISBAUM and WICKER, JJ., and ELORA C. FINK, J. Pro Tem.


This appeal relates to the overruling of a declinatory exception of insufficient service of process. We dismiss the matter.

La.C.C.P. art. 2083 governs appealable judgments. Art. 2083 provides:

A. An appeal may be taken from a final judgment rendered in causes in which appeals are given by law whether rendered after hearing or by default, from an interlocutory judgment which may cause irreparable injury, and from a judgment reformed in accordance with a remittitur or additur under Article 1814.

B. In reviewing a judgment reformed in accordance with a remittitur or additur, the court shall consider the reasonableness of the underlying jury verdict

A judgment overruling an exception is interlocutory in nature and, therefore, is not appealable absent a showing of irreparable injury, and we find none.

For the reasons assigned, the matter is dismissed. All costs of this appeal are to be assessed against the appellant

DISMISSED.


Summaries of

Perez v. Verret

Court of Appeal of Louisiana, Fifth Circuit
Oct 16, 1991
588 So. 2d 398 (La. Ct. App. 1991)
Case details for

Perez v. Verret

Case Details

Full title:JILL PEREZ v. LISA M. VERRET AND ALLSTATE INSURANCE COMPANY

Court:Court of Appeal of Louisiana, Fifth Circuit

Date published: Oct 16, 1991

Citations

588 So. 2d 398 (La. Ct. App. 1991)