In re the Succession of Coleman
Louisiana Court of Appeal
1Opinion of the Court
COLE, Judge.
Appellees have filed a motion to dismiss this appeal, which is taken from a judgment setting aside an ex parte judgment of possession. Appellees assert that this is not an appealable judgment.
Code of Civil Procedure article 2083 provides that appeals may be taken from final judgments or from interlocutory judgments which may cause irreparable injury.
We determine that the judgment appealed is interlocutory as it does not reach the merits of the controversy. C.C.P. art. 1841. The effect of the judgment below is simply to reopen the succession to allow appellees an opportunity to…
2Cases cited2 opinions
- In re the Estate of RichardsonLouisiana Court of Appeal · 1968
- In re the Estate of RichardsonSupreme Court of Louisiana · 1968