Bazare v. Transit Casualty Co.

KNOLL, Judge.

MOTION TO DISMISS

The defendant-appellee, Transit Casualty Company, et al, moves to dismiss the un-lodged appeal of the plaintiff-appellant, El-ridge Bazare, on the grounds that the appellant does not have a right of appeal, having chosen to accept a new trial in lieu of a remittitur under LSA-C.C.P. Art. 1814.

A civil jury trial was held and judgment rendered in favor of the plaintiff-appellant. The trial judge signed a judgment in conformance with the jury’s verdict. Subsequently, the defendant-appellee filed a motion for a new trial pursuant to LSA-C.C.P. Art. 1971, and a motion…