Hehn v. Hehn

|, GUIDRY, J.,

concurring.

Although I agree with the majority’s decision to grant the application for rehearing and reinstate the appeal, I believe that in order to do so this Court must overrule the decision rendered in Lout v. Bootsy’s Deli, 02-2703 (La.App. 1st Cir.9/26/03), 868 So.2d 26, to the extent that it holds, in a similar case, such a dismissal caused the trial court’s judgment to become final and definitive. A finding that the judgment was final and definitive would mean this court lacked jurisdiction to grant the application for rehearing and reinstate the appeal.

In Lout, the…