Sikes v. Waters

REGAN, Judge.

This case is posed for our consideration as a result of the plaintiff’s motion to dis*276miss an appeal by the defendant from the lower court’s judgment overruling his exceptions of lis pendens and prematurity. The basis for the plaintiff’s motion is that the lower court’s judgment is interlocutory in nature and causes the defendant no irreparable injury.

The action in the court below is a petition for separation from bed and board, and the substance of the defendant husband’s exception of lis pendens is the fact that he filed an identical action between the same parties in the same…