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171 La. 749

132 So 220

Parks v. Burnside

Supreme Court of Louisiana

Decided January 5, 1931

Supreme Court of Louisiana · decided 1931-01-05

Key passage — most relied on by later courts

““This court is without appellate jurisdiction of a case until a final judgment is signed in the court below.””

quoted by 1 later decision, including 16 La. App. 135 - Willis v. Deck

Relies on Major v. Hewes

Good law ✅— No negative treatment on recordhow we know

Decided 1931-01-05

How this case has been cited

Cited by 8 later decisions — most recently March 2010

8 state decisions

50193119401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BRUNOT, J.

¶1 An inspection of the record discloses that this appeal is from an unsigned final judgment sustaining an exception of no cause of action. (Trans, p. 67.)

¶2 No appeal lies from an unsigned judgment. Hanchey v. St. Louis, I. M. & S. Ry. Co., 135 La. 354, 65 So. 487.

¶3 In the Hanchey Case, as in this case, the judgment was rendered orally, and an appeal was granted and perfected from that judgment. In passing upon the motion to dismiss the ajppeal, the cour| said:

¶4 “This court is without appellate jurisdiction of a case until a final judgment is signed in the court below. The appellant’s argument that the motion to dismiss the appeal came too late has no merit, because it has been decided repeatedly that, if there has been no judgment signed in the court below, this court will, of its own accord, take notice of the fact that it is without appellate jurisdiction and must dismiss the appeal.”

¶5 The opinion concludes with the citation of a few of the authorities supporting it. The i question is too well settled to waste time in further consideration of it.

¶6 For these reasons, the appeal herein is dismissed at appellant’s cost.

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