Schwartzenburg v. Indian Hills Subdivision Residents

GUIDRY, Judge.

MOTION TO DISMISS

The appellees move to dismiss this appeal on the grounds that it is neither a final judgment nor is there a showing of irreparable injury. We agree and dismiss the appeal.

The plaintiffs filed their suit on July 9, 1979 seeking to remove restrictions on two subdivision lots. The defendants, residents of the subdivision, filed Exceptions of Prematurity and No Cause of Action.

The Lower Court ruled against the defendants by overruling their Exception of Prematurity, subject to the plaintiffs’ adding an alternative prayer. The Court sustained the Exception of No…