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336 So. 2d 539

Docket No. 5677.

Billeaud v. Perry

Raoul BILLEAUD, Plaintiff-Appellant, v. William H. PERRY et al., Defendants-Appellees.

Louisiana Court of Appeal

Decided August 12, 1976.

Louisiana Court of Appeal · decided 1976-08-12

Key passage — most relied on by later courts

“"... [T]he better rule in the interest of judicial economy and orderly procedures is that the timely filing of a motion for new trial, by one or more of the parties to a lawsuit, holds the previously signed judgment in abeyance until a final judgment decides all issues as to all parties in the suit.... [citations omitted.]"”

quoted by 4 later decisions, including Bantin v. STATE, THROUGH DEPT. OF TRANSP., ETC., Bantin v. State ex rel. Department of Transportation & Development

Relies on 245 So. 2d 465 - State, Department of Highways v. D & J REALTY CO. · Simmons v. Beauregard Parish School Board · 299 So. 2d 574 - Thibodeaux v. Lock Clinic

Good law ✅— No negative treatment on recordhow we know

Decided 1976-08-12

How this case has been cited

Cited by 14 later decisions — most recently March 2002

14 state decisions

801976198019902000decided

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 →

¶1J. Minos Simon, Lafayette, for plaintiff-appellant.

¶2McBride & Brewster by Robert R. McBride, Welton P. Mouton, Jr., Lafayette, for defendant-appellee.

¶3Before MILLER, WATSON and PETERS, JJ.

¶4

ON MOTION TO DISMISS

MILLER, Judge.

¶5Defendants, William H. Perry, U.S.F. & G., Maryland Casualty Co., and Northern Insurance Company, Inc., move to dismiss the unlodged appeal of the plaintiff, Raoul Billeaud, on the ground that his appeal is premature. The motion is unopposed.

¶6Formal judgment was signed May 20, 1976, and on May 26, 1976, third-party defendant-appellee, Maryland Casualty Company and the intervenor-appellee, Northern Insurance Company, timely filed a Motion for a New Trial and/or Motion to Correct and Amend Judgment. On the same date the motion was filed, the trial court issued an Order to Show Cause to all parties ordering them to appear and show cause on July 19, 1976, why the above motion should not be granted. To date the motion has not been acted upon.

¶7On June 11, 1976, plaintiff moved for and obtained an Order for Appeal in forma pauperis returnable to this court on August 5, 1976. The appeal has not yet been lodged with this court.

¶8Defendants and intervenor moved to dismiss plaintiff's unlodged appeal on the ground that since a timely motion for a new trial has been filed in this matter, the judgment appealed from is not final, and therefore, plaintiff's appeal is premature. We agree.

¶9While recognizing that there is authority to the contrary Thibodeaux v. Lock Clinic,299 So.2d 574 [La.App. 4 Cir. 1974]; Department of Highways v. D & J Realty Company, Inc.,245 So.2d 465 [La.App. 2 Cir. 1971]), the better rule in the interest of judicial economy and orderly procedures is that the timely filing of a motion for new trial, by one or more of the parties to a lawsuit, holds the previously signed judgment in abeyance until a final judgment decides all issues as to all parties in the suit. LSA-C.C.P. art. 1971, 2164; Simmons v. Beauregard Parish School Board,293 So.2d 226 (La.App. 3 Cir. 1974).

¶10*540 The appeal is premature and is dismissed. Costs of this appeal will be taxed when the appeal is reviewed by this court.

¶11APPEAL DISMISSED.

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