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385 So. 2d 326

Polite v. Newman

Louisiana Court of Appeal

Decided March 31, 1980

Louisiana Court of Appeal · decided 1980-03-31

Relies on 360 So. 2d 582 - Jackson v. Watson

Decided 1980-03-31

PONDER, Judge.

¶1We issued a rule to show cause why an unlodged appeal should not be dismissed after appellee had moved for the dismissal.

¶2The 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.

¶3APPEAL DISMISSED.

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