Legal Opinion · Concurrence

Buras v. Plaquemines Parish Democratic Executive Committee

Louisiana Court of Appeal

Decided September 15, 1967No. 2926Published

1ConcurrenceSamuel, Judge

Even though the issue was pretermitted, I must disagree with what the majority has said about “rendition” of judgment as the same relates to the statutory requirement that the appeal shall be filed in the appellate court not more than five days from “rendition”.

Our settled law is that “rendition” includes signing by the judge who made the decision; a definitive judgment has not been “rendered”, and is therefore not ap-pealable, untij so signed. LSA-C.C.P. Art. 1911; State ex rel. Poche v. Police Jury of St. James Parish, 236 La. 757, 109 So.2d 83; Viator v. Heintz, 201 La. 884, 10 So.2d 690;…

2Cases cited4 opinions

  1. Viator v. HeintzSupreme Court of Louisiana · 1942
  2. Tolbert v. ThomasLouisiana Court of Appeal · 1965
  3. Excel Finance Treme, Inc. v. CohnLouisiana Court of Appeal · 1964
  4. State ex rel. Poche v. Police Jury of St. James ParishSupreme Court of Louisiana · 1959

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