Public-domain · open source
OpenJurist

497 So. 2d 1087

Veillon v. Veillon

Louisiana Court of Appeal

Decided November 21, 1986

Louisiana Court of Appeal · decided 1986-11-21

Cited by 6 later decisions — most recently August 1987

6 state decisions

Relies on 444 So. 2d 1260 - RIVER CITIES CONSTRUCTION CO, INC. v. Barnard & Burk, Inc. · Matte v. Continental Casualty Company

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-21

View the full empirical analysis of this case →

STOKER, Judge.

¶1MOTION TO DISMISS

¶2The defendant-appellee, Ronald Veillon, moves to dismiss the appeal of the plaintiff-appellant, Carol Lynn Bertrand Veillon, on the grounds that the judgment appealed is an interlocutory judgment from which no appeal lies.

¶3The trial court’s minute entry shows that the defendant’s-appellee’s motion to strike was granted in certain respects on February 28, 1986. This motion was based upon the fact that certain allegations in plaintiff’s petition were libelous, defamatory, scandalous, and without lawful basis. The plaintiff then filed the instant appeal seeking to reverse the trial court’s judgment. Mover then filed this motion to dismiss on several grounds.

¶4The judgment on a motion to strike, evidenced by a minute entry, is an interlocutory decree from which no appeal lies unless irreparable injury can be proved by the appellant. See Matte v. Continental Casualty Company, 185 So.2d 842 (La.App. 3 Cir.1966), LSA-C.C.P. Art. 2083, LSA-C. C.P. Art. 1911, LSA-C.C.P. Art. 1918. Since no substantive issue of merit has been disposed of by the interlocutory order, no irreparable injury can befall the plaintiff. The community property laws of Louisiana are state creatures, and do not involve Federal Constitutional Law, as the plaintiff is not challenging the constitutionality of the Louisiana community property laws, (for a different result see River Cities Construction Co., Inc., v. Barnard and Burk, Inc., 444 So.2d 1260 (La.App. 1 Cir.1983)).

¶5For the foregoing reasons, mover’s motion to dismiss is granted, and the appellant’s appeal is dismissed at her cost.

¶6APPEAL DISMISSED.

/497/so2d/1087 · .json · Public domain