McGrew v. State Farm Mutual Automobile Insurance

HALL, Judge.

This is an appeal by plaintiff from a judgment of the district court rejecting plaintiff’s motion for summary judgment.

Defendant filed a motion to dismiss the appeal citing LSA-C.C.P. Art. 968 which states in part:

“An appeal does not lie from the court’s refusal to render any judgment on the pleading or summary judgment.”

The district court’s refusal to grant a summary judgment is an interlocutory judgment not causing irreparable injury and is not appealable under the express provisions of LSA-C.C.P. Art. 968 or under the provisions of LSA-C.C.P. Art. 2083 relating to appeals…