Capuder v. Misko

The motion to dismiss filed in this case is based on the record which does not show that a judgment was signed by the lower court. There is, therefore, no final judgment from which an appeal can be taken and the court must dismiss the appeal in the absence of a signed judgment. LSA-C.C.P. Art. 1911; Fontenot v. Lee, 160 So.2d 26 (La.App. 3 Cir., 1964).

For the reasons assigned, the appeal is dismissed without prejudice, at the cost of appellant.

Appeal dismissed.