Pepitone v. State Farm Mutual Automobile Insurance

REDMANN, Judge.

Two defendants move dismissal of plaintiff’s appeal as untimely within La.C.C.P. 2087 because not perfected within 60 days of a minute entry reading “Motion for new trial — DENIED. Judg[ment to] be submitted] by Mr. Dillon [counsel for one defendant]. Judgfment to] be submitted] by Mr. Hainkel [counsel for another defendant].” (Bracketed material supplied.)

We deny the motions to dismiss because, as in Green v. Love, La.App. 4 Cir. 1974, 295 So.2d 65, the trial judge did not deny the motions for new trial as of the date of the minute entry. He merely indicated that they “should…