Opinion

Brown v. NEW ORLEANS PUBLIC SERV., INC.

  • 490 So. 2d 271
Court
Supreme Court of Louisiana
Filed
Jun 13, 1986
Status
Published
On the bench
Lemmon
Cited by
7 cases
Authority
More cited than 80.7%

The opinion

490 So.2d 271 (1986)

Jerry Boguille, wife of/and Oscar BROWN, et al,

v.

NEW ORLEANS PUBLIC SERVICE, INC.

No. 86-C-0964.

Supreme Court of Louisiana.

June 13, 1986.

*272 Granted. Ruling of the Court of Appeal is reversed. Case remanded to the Court of Appeal to hear the appeal because NOPSI has made a sufficient showing of irreparable injury to entitle it to an appeal from a judgment which may cause irreparable injury under La.Code Civ.P. Art. 2083.

LEMMON, J., concurs.

There is irreparable injury in the context of La.C.C.P. Art. 2083 where the error sought to be corrected on the appeal from the interlocutory judgment cannot, as a practical matter, be corrected later on appeal after trial on the merits. Herlitz Construction Co. v. New Iberia Hotel Corp., 396 So.2d 878 (La.1981).

DIXON, C.J., dissents, believing a class action is appropriate and no irreparable injury has been shown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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