Millet v. Rollins Environmental Services of Louisiana, Inc.
Columbus P. MILLET, Jr. v. ROLLINS ENVIRONMENTAL SERVICES OF LOUISIANA, INC.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
PONDER, Judge.
Plaintiffs filed a class action suit against defendants who filed a Peremptory Exception of Improper Use of Class Action, which the trial court denied. After defendant was granted an order for a devolutive appeal, plaintiffs filed a motion to dismiss the appeal as one taken from an interlocutory judgment which will not cause defendant irreparable harm.
A judgment allowing a class action is interlocutory. State v. General Motors Corporation, 354 So.2d 770 (La.App. 4th Cir. 1978) affirmed and remanded 370 So.2d 477 (La.1979).
*936 A judgment does not cause irreparable injury if, as a practical matter, the error can be corrected on appeal. Cheramie v. Vegas, 385 So.2d 453 (La.App. 1st Cir.1980).
The court in State v. General Motors Corporation, supra, stated that irreparable injury could result from difficulty in assessing damages, and “immeasurable expense and innumerable wasted court days will have resulted” if the class action were later disallowed.
We find the instant case, with the large number of the class, to be comparable to the case of State v. General Motors Corporation, supra.
MOTION TO DISMISS DENIED.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.