Lyman v. Town of Sunset

CUTRER, Judge.

MOTION TO DISMISS

Defendant-appellee, the Town of Sunset, moves to dismiss the appeal of plaintiff-appellant, Benjamin Lyman, on the grounds that the judgment appealed from is a non-appealable interlocutory judgment.

The trial court rendered judgment against the plaintiff assessing him with attorney fees for his failure to comply with discovery as required by law. The plaintiff has appealed.

An appeal may be taken from a final judgment or interlocutory judgment which may cause irreparable injury. LSA-C.C.P. Article 2083. A final judgment is one that determines the merits in whole…