Louisiana Court of Appeal, 1989

Sonnier v. B & J Quality Interiors Inc.

Sonnier v. B & J Quality Interiors Inc.
Louisiana Court of Appeal · Decided January 18, 1989 · Bowes, Gothard, Wicker
537 So. 2d 820; 1989 La. App. LEXIS 57; 1989 WL 4605 (Southern Reporter, Second Series)

Sonnier v. B & J Quality Interiors Inc.

Opinion of the Court

WICKER, Judge.

B & J Quality Interiors, Inc. appeals the denial of its exception of non-joinder of a necessary party. We dismiss the appeal.

Elmo Sonnier sued B & J for the loss of his boat and trailer. At the time his suit was filed, Sonnier was married; but he and his wife have since divorced. Although it had already answered Sonnier’s suit, B & J filed an exception of non-joinder of a necessary party, Sonnier’s ex-wife. We believe that the exception was denied, based upon the argument in B & J’s brief, although the record does not contain a copy of the judgment.

The denial of an exception is an interlocutory and not a final judgment. La.C.Civ.P. art. 1841. As such, it is appealable only if it may cause irreparable injury. La.C.Civ.P. art. 2083. B & J has not demonstrated how it will be irreparably injured by the ruling below; consequently, we dismiss its appeal. Bush Const. Co., Inc. v. Carr, 512 So.2d 493 (La.App. 1st Cir. 1987). B & J Quality Interiors, Inc. must pay the costs of this appeal.

APPEAL DISMISSED AND CASE REMANDED.

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