American Motorists Insurance v. Miller

ON MOTION TO DISMISS

GULOTTA, Judge.

Plaintiffs have appealed from a December 21, 1979 trial court judgment setting aside and annulling a January 4,1979 judgment and granting a hew trial.

Citing Pate v. Crescent Motors Exchange, Inc., 256 So.2d 471 (La.App. 4th Cir. 1972) and Simmons v. Beauregard Parish School Board, 284 So.2d 668 (La.App. 3rd Cir. 1973), defendant seeks dismissal of this appeal on the grounds that the December 1979 judgment appealed from, granting a new trial, is neither a final judgment nor an interlocutory judgment which causes irreparable injury.

We are not here concerned…