Montagne v. Tinker

The principal issue presented by this motion is whether, after rehearing is denied and our judgment on the appeal proper is final in this court, we still retain jurisdiction to rule on peremptory exceptions which had been filed prior to our denial of rehearing.

By our original opinion of March 21, 1967, we reversed a trial court judgment which had dissolved a writ of sequestration *703obtained by the plaintiffs-appellants. La. App., 197 So.2d 154. On April 17, 1967, the defendant-appellee filed for the first time in this court, LSA-CCP Art. 2163,1 certain pleadings which he termed peremptory…