Supreme Court of Louisiana, 1992

Smith v. Audubon Insurance Co.

Supreme Court of Louisiana · Decided June 26, 1992

602 So. 2d 720; 1992 WL 155843 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Soileau v. Houser (La. Ct. App. 2003)
Love v. AAA Temporaries, Inc. (La. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Denied.

We note, however, that contrary to the opinion of the court of appeal, the letter of the district judge dated April 8, 1991, purporting to sustain defendant’s exception of lack of procedural capacity is not a formal, final appealable judgment. It is not identified as such as required by LSA-C.C.P. Art.1918 and does not purport to either allow amendment or dismiss plaintiff’s individual action in accordance with LSA-C.C.P. Art. 933. Hinchman v. International Brotherhood of Electrical Workers Local Union No. 130, 292 So.2d 717 (La. 1974) is distinguishable. The letter does *721not constitute formal action by the district court on the exception and is not reviewable by appeal or supervisory writs. Thus, the court of appeal did not err in refusing to consider the issue under its supervisory jurisdiction.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.