Bernard v. Arnold J. Bernard, Inc.

ON MOTION TO DISMISS APPEAL

Before HOOD, CULPEPPER and MILLER, JJ. MILLER, Judge.

Relators defendants Arnold J. Bernard, Inc., Arnold J. Bernard, and James H. Burleigh move to dismiss plaintiff Josephine R. Bernard’s appeal contending it was not timely perfected. LSA-C.C.P. art. 3612. Plaintiff concedes her appeal was late if 3612 applies, but contends the denial of her request for a preliminary injunction had the effect of deciding the case on the merits, and the applicable delays are those for devolutive appeals. We dismiss the appeal.

Plaintiff styled her petition as one “to annul and set…