Louisiana Court of Appeal, 1980

Polite v. Newman

Polite v. Newman
Louisiana Court of Appeal · Decided March 31, 1980 · Chiasson, Ellis, Ponder
385 So. 2d 326; 1980 La. App. LEXIS 3911 (Southern Reporter, Second Series)

Polite v. Newman

Opinion of the Court

PONDER, Judge.

We issued a rule to show cause why an unlodged appeal should not be dismissed after appellee had moved for the dismissal.

The trial court denied a request by defendant for the appointment of a surveyor in a possessory action. The defendant moved for a new trial; the trial court denied the motion. Defendant then moved for a devolutive appeal 'from the judgment denying a new trial of the motion. There is no appeal from a judgment denying a new trial absent a showing of irreparable injury. Jackson v. Watson, 360 So.2d 582 (La.App. 4th Cir. 1978). Appellant has made no such showing.

APPEAL DISMISSED.

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