Lee v. Carruth

TATE, Judge.

The trial court dismissed the plaintiffs action as of non-suit for her alleged failure to comply with court orders requiring amendment of her petition.

The defendant moves to dismiss the appeal. He contends that such a judgment is neither a final one, nor an interlocutory one which may cause irreparable injury, so as to be appealable, LSA-CCP Article 2083. He points out that LSA-CCP Article 1673 pertinently provides: * * * A judgment of dismissal without prejudice shall not constitute a bar to another suit on the same cause of action.”

This contention overlooks the settled principle…