Legal Opinion
State ex rel. Department of Highways v. Kilchrist
Louisiana Court of Appeal
Decided May 7, 1969No. 2773PublishedCited by 3 opinions
1Opinion of the Court
On Motion to Dismiss the Appeal
En Banc.
2Per curiam
Under LSA-CCP Art. 2083 appeals may be taken only from (a) final judgments and (b) interlocutory judgments which cause irreparable injury. This motion to dismiss is based upon the contention that the judgment appealed from is neither.
By these quick-taking proceedings, the Department of Highways expropriated a certain tract in Iberia Parish. A 1.32-acre strip of this was subject to conflicting claims of the codefendant landowners, Sterling Sugars, Inc., and Louis Kilchrist. (The former claimed record title, while Kilchrist claimed prescriptive title by 30…
3Cases cited4 opinions
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Oliphint v. OliphintSupreme Court of Louisiana · 1951
- Succession of LissaSupreme Court of Louisiana · 1940
- Ardoin v. Southern Farm Bureau Casualty InsuranceLouisiana Court of Appeal · 1963
4Cited by3 opinions
- City of Shreveport v. Noel Estate, Inc.Louisiana Court of Appeal · 2006
- STATE DOTD v. Unknown OwnersLouisiana Court of Appeal · 1995
- Dixie Electric Membership Corp. v. HendersonLouisiana Court of Appeal · 1974