Opinion
No. 2006-CA-0349.
December 20, 2006.
Appeal from Civil District Court, Orleans Parish, No. 2002-6220, Division "A-5", Honorable Carolyn Gill-Jefferson, Judge.
James M. Garner, Timothy B. Francis, Martha Y. Curtis, Howard T. Boyd, Sharonda R. Williams, Sher Garner Cahill Richter Klein Hilbert, L.L.C., New Orleans, LA, for Plaintiff/Appellee.
Charles M. Lanier, Jr., Kevin R. Tully, H. Carter Marshall, Christovich Kearney, L.L.P. New Orleans, LA, for Appellant.
(Court composed of Judge DENNIS R. BAGNERIS SR., Judge MICHAEL E. KIRBY, Judge ROLAND L. BELSOME).
Appellant, F.L. Crane Sons, Inc., filed this appeal from a judgment denying its exception of prematurity. The denial of an exception of prematurity is an interlocutory judgment. Louisiana Code of civil Procedure Article 2083(C) governs the appealability of interlocutory judgments. Recent amendments to Article 2083 took effect on January 1, 2006. In its present form, Article 2083 provides that an interlocutory judgment is appealable only when expressly provided for by law. La. C.C.P. art. 2083(C). The proper procedural vehicle to contest an interlocutory judgment that is not immediately appealable is an application for supervisory writ. See La. C.C.P. arts. 2087 and 2201. In the instant matter, the appellant has exhausted that option. Accordingly, this appeal is dismissed.
Application for supervisory writ No. 2005-C-0955, denied on December 12, 2005.