Belser v. St. Paul Fire & Marine Ins. Co.
Docket: CA 86 0302
Court: Louisiana Court of Appeal; July 2, 1986; Louisiana; State Appellate Court
An appeal was filed by Dr. Robert Belser against St. Paul Fire and Marine Insurance Company regarding judgments that overruled a dilatory exception for improper venue and a peremptory exception for no right of action. The case originated from a medical malpractice claim in St. Helena Parish, where Belser alleged that surgery in East Baton Rouge Parish led to permanent vision impairment, preventing him from practicing medicine. The trial court determined that bankruptcy proceedings concerning Belser were concluded before the lawsuit was initiated, affirming his right to sue. It also ruled that the damages from the malpractice were sustained in St. Helena Parish, establishing it as a proper venue according to Louisiana Civil Code Procedure Article 74. The court addressed the appealability of the judgments. It concluded that a judgment overruling a dilatory exception for improper venue is interlocutory but appealable if it could cause irreparable injury, thus denying the motion to dismiss this part of the appeal. Conversely, the judgment overruling the peremptory exception for no right of action was deemed not appealable unless irreparable injury was demonstrated. Since the appellants did not prove irreparable injury and adequate remedies existed through a subsequent appeal on the merits, this part of the motion to dismiss was granted. The final decision was to partially deny the motion to dismiss the appeal regarding the venue judgment while granting it concerning the right of action judgment.