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Millet v. Rollins Environmental Services of Louisiana, Inc.

Columbus P. MILLET, Jr. v. ROLLINS ENVIRONMENTAL SERVICES OF LOUISIANA, INC.

Millet v. Rollins Env't Servs. of La., Inc., 421 So. 2d 935 (La. Ct. App. 1982)
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Court
Louisiana Court of Appeal · State Appellate Courts
Decided
September 21, 1982
Docket
No. 82 CA 0413
Judges
Lottinger, Ponder, Shortess
Citations
421 So. 2d 9351982 La. App. LEXIS 7956

Opinion of the Court — Ponder

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.

1983: 11987: 119832026peak 1983 · 1

Relies on it most ⓘ

  1. Ursin v. New Orleans Aviation Bd.506 So. 2d 947 (La. Ct. App. 1987)
  2. Millet v. Rollins Environmental Services of Louisiana, Inc.433 So. 2d 153 (La. 1983)

Most recent

  1. Ursin v. New Orleans Aviation Bd.506 So. 2d 947 (La. Ct. App. 1987)
  2. Millet v. Rollins Environmental Services of Louisiana, Inc.433 So. 2d 153 (La. 1983)

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.

Authorities cited 3

DepthCaseCited by
State ex rel. Guste v. Gen. Motors Corp., 370 So. 2d 477 (La. 1979) 66
State ex rel. Guste v. Gen. Motors Corp., 354 So. 2d 770 (La. Ct. App. 1978) 16
Cheramie v. Vegas, 385 So. 2d 453 (La. Ct. App. 1980) 11

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