Garrett v. City of Lake Charles

YELVERTON, Judge.

This is an appeal from a judgment denying a motion for a new trial.

A judgment denying a motion for a new trial is interlocutory in nature and can be appealed only on a showing of irreparable injury. LSA-C.C.P. art. 2083; Johnson v. Johnson, 432 So.2d 1140 (La.App. 3rd Cir.1983); Taylor v. Taylor, 380 So.2d 176 (La.App. 1st Cir.1979). However, it has also been held that when the pleadings and briefs on appeal indicate that an appellant actually intended to appeal from the judgment on the merits, and that due merely to inadvertence the appeal was nominally from the judgment…