Thibodeaux v. Hood Enterprises, Inc.

405 So. 2d 1249 | La. Ct. App. | 1981

ON MOTION TO DISMISS

ELLIS, Judge.

This is an appeal from a judgment which sustained defendant’s exception of improper venue and dismissed plaintiff’s suit without prejudice. Defendant has moved to dismiss plaintiff’s appeal on the ground that the judgment appealed from is not a final judgment and therefore not appealable.

The motion is without merit. It is settled law that a judgment which dismisses a suit without prejudice is a final appealable judgment. People of Living God v. Chantilly Corporation, 251 La. 943, 207 So.2d 752 (1968); Pasquier, Batson & Co. v. Ewing, 367 So.2d 28 (La.App. 2nd Cir. 1978).

The motion is therefore denied at plaintiff’s cost.

MOTION DENIED.