National Safe Corp. v. Benedict & Myrick, Inc.
Louisiana Court of Appeal
National Safe Corp. v. Benedict & Myrick, Inc., 367 So. 2d 871 (1978)
1978 La. App. LEXIS 3388
Edwards, Lottinger, Ponder
National Safe Corp. v. Benedict & Myrick, Inc.
Opinion of the Court
On April 7, 1978, National Safe Corporation, the appellee, filed a motion to dismiss this appeal, contending that the trial court’s judgment, granting a partial summary judgment, is an interlocutory judgment and is not appealable absent a showing of irreparable injury.
We find this contention untenable.
All summary judgments, whether they grant all or only a part of the relief prayed for, are final judgments and consequently are appealable. LSA-C.C.P. arts. 968 and 2083. See Beckham v. Hartford Accident and Indemnity Company, 137 So.2d 99 (La.App. 3rd Cir. 1962).
Accordingly, the motion to dismiss is denied at appellee’s cost.
MOTION DENIED.
Reference
- Full Case Name
- NATIONAL SAFE CORPORATION v. BENEDICT & MYRICK, INC.
- Cited By
- 8 cases
- Status
- Published