HAMPTON v. STATE EX REL. DEPT. OF CORRECTIONS

No. 85-CA-0690.

476 So.2d 815 (1985)

Eugene HAMPTON v. STATE of Louisiana, Through the DEPARTMENT OF CORRECTIONS.

Court of Appeal of Louisiana, First Circuit.

May 30, 1985.


Attorney(s) appearing for the Case

Gregory M. Eaton, Baton Rouge, and Timothy T. Roniger, New Orleans, for plaintiff-appellee Eugene Hampton.

Houston T. Penn, Louisiana Dept. of Justice, Asst. Atty. Gen., Baton Rouge, for defendant-appellant State of Louisiana, through the Dept. of Correction.

Before EDWARDS, SHORTESS and SAVOIE, JJ.


EDWARDS, Judge.

This matter is before the court on plaintiff-appellee's motion to dismiss the appeal on the basis of prematurity, i.e., the appeal was taken prior to a written judgment being signed.

A review of the record, however, discloses that a written judgment was signed on February 15, 1985, and defendant timely filed a motion to appeal on April 15, 1985. See LSA-C.C.P. art. 2087. Consequently, the motion to dismiss is...

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