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673 So. 2d 1175

Docket No. 96-162.

Deville v. Calogero

Elton DEVILLE, Plaintiff-Appellant, v. Gina Rush CALOGERO and Louis Mann, Defendant-Appellee.

Louisiana Court of Appeal

Decided April 24, 1996.

Louisiana Court of Appeal · decided 1996-04-24

Relies on Mallet v. Louisiana Nursing Homes, Inc. · 607 So. 2d 8 - Goodwin v. Goodwin · 566 So. 2d 1106 - Fleniken v. Allbritton

Good law ✅— No negative treatment on recordhow we know

Decided 1996-04-24

How this case has been cited

Cited by 4 later decisions — most recently April 2010

4 state decisions

20199620002010decided

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.

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¶1Elton Deville, pro se.

¶2Gina Rush Calogero, pro se.

¶3Before DOUCET, KNOLL and COOKS, JJ.

¶4KNOLL, Judge.

¶5This court issued a rule to show cause to the plaintiff-appellant, Elton Deville, why the above captioned appeal should not be dismissed on the ground that the judgment was a nonappealable interlocutory ruling. We hereby dismiss the appeal.

¶6The plaintiff filed this petition for damages against the defendants, Gina Rush Calogero and Louis Mann, on August 25, 1994. On August 23, 1995, plaintiff filed a motion and order to recuse the trial judge. The motion to recuse was heard on November 27, 1995. The trial judge, appointed to hear the motion to recuse, denied the motion. On November 29, 1995, plaintiff filed a motion and order for appeal from the denial of the motion to recuse. The record was lodged with this court on February 5, 1996. On February 6, 1996, this court issued a rule to show cause why the above captioned appeal should not be dismissed as a nonappealable interlocutory ruling.

¶7The denial of the motion to recuse is an interlocutory ruling which is not appealable unless irreparable injury occurs. In Goodwin v. Goodwin,607 So.2d 8 (La.App. 2 Cir.1992), the court stated as follows:

*1176 Nevertheless, in her present appeal, defendant complains only of the lower court's refusal to recuse Judge Bowers, a ruling that merely determined a preliminary matter and hence is clearly interlocutory in nature. LSA-C.C.P. Art. 1841; State, Dept. of Hwys. v. McDonald,329 So.2d 898 (La.App. 2d Cir.1976), writ refused, 332 So.2d 797 (La.1976); Long v. ABC Ins. Co. or Companies,462 So.2d 252 (La.App. 4th Cir.1984), writ denied, 463 So.2d 604 (La.1985); Spangenberg v. Yale Materials Handling-La.,407 So.2d 1270 (La.App. 4th Cir.1981), writ denied, 412 So.2d 1096 (La.1982). Of course, an appeal from an interlocutory judgment lies only when irreparable injury would otherwise occur. LSA-C.C.P. Art. 2083; Long, supra. See also Fleniken v. Allbritton,566 So.2d 1106 (La.App. 2d Cir.1990); Women's Clinic v. Watson,550 So.2d 864 (La. App. 2d Cir.1989). Additionally, the standard for determining if irreparable injury would transpire from an interlocutory judgment is whether, as a practical matter, an error may be corrected on appeal following determination of the merits. Women's Clinic, supra; Reilly v. State,533 So.2d 1341 (La.App. 3d Cir.1988), writ denied, 536 So.2d 1219 (La.1989).

¶8In the present case, we find no irreparable injury, therefore the ruling complained of is nonappealable. For these reasons, the appeal is dismissed at plaintiff's cost.

¶9APPEAL DISMISSED.

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