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WILLIAMS v. CITY OF BASTROP

Court of Appeal of Louisiana, Second Circuit.
Oct 26, 1984
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ORDER

[2] PER CURIAM.

On appellees' motion, the appeal is dismissed.

The appeal taken in this case was not only premature in that it was taken before judgment was signed (LSA-C.C.P. Art. 1911), the judgment later signed sustaining an exception of no cause of action but granting leave to amend, which does not have the effect of dismissing plaintiffs' suit, is not a final judgment or an interlocutory judgment causing irreparable injury and is not appealable. LSA-C.C.P. Art. 2083; Taylor v. Consol. Rail Corp., 391 So.2d 1351 (La.App. 4th Cir. 1980); Spencer v. Burglass, 288 So.2d 68 (La.App. 4th Cir. 1974). A judgment sustaining an exception of no cause of action is not final unless it unconditionally dismisses the suit.

Appeal dismissed.