Opinion

Mid-State Orthopaedic & Sports Medicine Center, Inc. v. Alliance Compressors, LLC

  • 15 La.App. 3 Cir. 216
  • 160 So. 3d 669
  • 2015 La. App. LEXIS 688
  • 2015 WL 1546170
Court
Louisiana Court of Appeal
Filed
Apr 8, 2015
Status
Published
Author
Conery
On the bench
Conery, Genovese, Peters
Cited by
1 cases
Authority
More cited than 48.1%

declining to convert appeal to writ application because such a review would be 11s“repetititous.”

How later courts described this case

  • declining to convert appeal to writ application because such a review would be 11s“repetititous.”

Written by the judges who cited it.

The opinion

CONERY, Judge.

_[jThis court issued a rule for the appellant, Aliance Compressors, LLC, to show cause, by brief only, why this appeal should not be dismissed as having been taken from a non-appealable, interlocutory ruling. The appellant did not file a brief in response to the rule. For the reasons below, we hereby dismiss the appeal.

On October 20, 2014, the workers’ compensation court denied the appellant’s mo *670 tion for summary judgment. In an unpublished ruling, a writ application seeking review of this judgment was denied by this court. Mid-State Orthopaedic and Sports Medicine Center, Inc. v. Alliance Compressors, LLC, 15-19 (La.App. 3 Cir. 2/12/15) . Upon receipt of the record, this court, on its own motion, issued a rule to show cause why the appellant’s appeal should not be dismissed as having been taken from a non-appealable, interlocutory ruling.

The judgment appealed, which denied the appellant’s motion for summary judgment, does not decide the merits of this case and is interlocutory. La.Code CivJP. art. 1841. As no statute expressly provides for an appeal of this interlocutory ruling, we find that the appeal must be dismissed. La.Code Civ.P. art. 2083. A review of the ruling would also be repetitious; thus, we do not construe the motion for appeal as a notice of intent to seek a supervisory writ. See, e.g., Williamson v. Dresser, Inc., 07-672 (La.App. 3 Cir. 8/15/07) , 964 So.2d 444 .

APPEAL DISMISSED.

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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