No. 85-879 | La. Ct. App. | May 22, 1986
MOTION TO DISMISS
On April 1, 1985, the plaintiff-appellee, Joseph Reed LaCour, filed suit for legal separation and child custody against the defendant-appellant, Carolyn Anita LaC-our. Subsequently, the parties reconciled and lived together until June 8, 1985 when the defendant is alleged to have abandoned the plaintiff. On November 10, 1985, the plaintiff filed a First Supplemental and Amended Petition to include abandonment as a ground for legal separation. In response, the defendant filed an Exception of No Cause of Action and Plea of Reconciliation and Condonation.
On July 10, 1985, the trial court rendered a judgment denying defendant’s exceptions. The defendant filed for and was granted a devolutive appeal of the July 10, 1985 judgment.
This Court ex proprio motu issued a rule to show cause why the appeal of the defendant should not be dismissed on the ground that the judgment appealed from is a nonappealable interlocutory judgment. The defendant did not answer the rule.
A judgment which dismisses or denies a peremptory exception of no right or cause of action is an interlocutory judgment and is unappealable. Millet v. Johnson, 352 So. 2d 1301" court="La. Ct. App." date_filed="1977-11-23" href="https://app.midpage.ai/document/millet-v-johnson-1925797?utm_source=webapp" opinion_id="1925797">352 So.2d 1301 (La.App. 4th Cir.1977).
APPEAL DISMISSED.