DESSELLE v. DESSELLE

No. 7355.

323 So.2d 200 (1975)

Louise Suarez, wife of Earl P. DESSELLE v. Earl P. DESSELLE.

Court of Appeal of Louisiana, Fourth Circuit.

November 17, 1975.


Attorney(s) appearing for the Case

Evangeline M. Vavrick, New Orleans, for plaintiff-appellant.

Oliver S. Livaudais, Jr., Charles H. Livaudais and Robert J. Klees, Chalmette, for defendant-appellee.

Before SAMUEL, LEMMON, and STOULIG, JJ.


STOULIG, Judge.

On defendant's motion we dismiss this appeal as premature because the order granting plaintiff an appeal was signed by the trial judge on the same day he signed an order setting for trial defendant's motion for a new trial. At the time the district judge could not divest the trial court of jurisdiction without first rendering a decision on the timely filed motion for a new trial.

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