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Appeal from new trial = appeal from judgment on the merits — sometimes.

Vacatur of default judgment not appealable

In a decision rendered last month, the Louisiana Fifth Circuit held that a judgment vacating a default judgment is not a final judgment and therefore cannot be appealed. Russell v. Jones, 18-160 (La. App. 5 Cir. 11/14/18), — So. 3d —, 2018 La. App. LEXIS 2294. While the judgment might have been reviewable under the court of appeal’s supervisory jurisdiction, the plaintiff failed to appeal within the 30-day time to apply for a supervisory writ. 


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