Legal Opinion
Stone v. Stone
Louisiana Court of Appeal
Decided February 23, 1972No. 5141PublishedCited by 2 opinions
1Opinion of the Court
ON MOTION TO DISMISS
Before SAMUEL, REDMANN and LEMMON, JJ. REDMANN, Judge.
Defendants move to dismiss plaintiff s appeal from a judgment maintaining an exception of prematurity. Defendants theorize such a judgment is interlocutory and is therefore unappealable unless the source of irreparable damage, C.C.P. art. 2083.
The judgment was based on a conclusion that arbitration was required under a contract between the parties. Whatever may be the result in other prematurity cases, the result of maintaining prematurity on the ground arbitration is obligatory is that the court below has absolutely…
2Cases cited2 opinions
- Wright v. Round the Corner Restaurants of La., Inc.Louisiana Court of Appeal · 1971
- City of New Orleans v. Crescent City RailroadSupreme Court of Louisiana · 1889
3Cited by2 opinions
- Brown v. Red River Parish School Bd.Louisiana Court of Appeal · 1985
- Butler v. Flint-Goodridge Hosp. of Dillard U.Louisiana Court of Appeal · 1977