Opinion
56,014-CA
07-18-2024
PRINCE OF PEACE AUTO SALE v. WHITNEY NORSWORTHY
Appealed from Ouachita Parish No. 20233236
Before STONE, MARCOTTE, and ELLENDER, JJ.
ORDER
Appellant, Prince of Peace Auto Sale, has appealed the trial court's order denying its application to proceed in forma pauperis. A judgment that does not determine the merits but only preliminary matters in the course of the action is an interlocutory judgment. An interlocutory judgment is appealable only when expressly provided by law. La. C.C.P. art. 2083. The denial of a motion to proceed in forma pauperis is an interlocutory judgment. It is not a final judgment under La. C.C.P. arts. 1841 or 1915(A), nor is it a judgment subject to being designated as final pursuant to La. C.C.P. art. 1915(B). As such, the denial of the appellants' motion to proceed in forma pauperis is not an appealable judgment, despite the trial court's granting of the motion for devolutive appeal.
Finding that this judgment is not subject to appeal, we hereby dismiss the appeal for lack of jurisdiction.
STONE, J., would convert the appeal to a writ and be reviewed under this Court's supervisory jurisdiction when the briefing is complete.