Legal Opinion

Lupin v. Spencersmith, Inc.

Louisiana Court of Appeal

Decided May 29, 2002No. 02-CA-112PublishedCited by 1 opinion

1Opinion of the Court

THOMAS F. DALEY, Judge.

Defendants, Spencersmith, Inc. and C. Spenser Smith, appeal the trial court’s denial of their Exception of Prescription. We dismiss this appeal because this judg•ment is not appealable despite the trial court’s certification of the judgment under LSA-C.C.P. art. 1915, and remand for further proceedings.

The denial of an Exception of Prescription is an interlocutory judgment that is *1131not appealable absent irreparable ■ harm.1 Defendants have not alleged irreparable harm. This judgmént is interlocutory, and not final or immediately appealable, in spite of the trial court’s…

2Cases cited1 opinion

  1. Meany v. MeanyLouisiana Court of Appeal · 1996

3Cited by1 opinion

  1. Succession of LinderLouisiana Court of Appeal · 2006

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