STONE v. STONE

No. 5141.

258 So.2d 404 (1972)

Lawrence A. STONE, II v. Langdon STONE and The Lawrence A. Stone Agency.

Court of Appeal of Louisiana, Fourth Circuit.

February 23, 1972.


Attorney(s) appearing for the Case

Garon & Brener, Trudy H. Oppenheim, New Orleans, for plaintiff-appellant.

Henican, James & Cleveland, C. Ellis Henican, New Orleans, for defendants-appellees.

Before SAMUEL, REDMANN and LEMMON, JJ.


ON MOTION TO DISMISS

REDMANN, Judge.

Defendants move to dismiss plaintiff's appeal from a judgment maintaining an exception of prematurity. Defendants theorize such a judgment is interlocutory and is therefore unappealable unless the source of irreparable damage, C.C.P. art. 2083.

The judgment was based on a conclusion that arbitration was required under a contract between the parties. Whatever may be the result in other prematurity cases, the result...

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