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NOT DESIGNATED FOR PUBLICATION
BELLSOUTH                                                                *                    NO. 2012-CA-1398
TELECOMMUNICATIONS,
LLC                                                                      *
                                                                         COURT OF APPEAL
VERSUS                                                                   *
                                                                         FOURTH CIRCUIT
MADALYN M. COCHRANE                                                      *
AND CHARLES J. COCHRANE                                                  STATE OF LOUISIANA
*
APPEAL FROM
CIVIL DISTRICT COURT, ORLEANS PARISH
NO. 2012-03998, DIVISION “F”
Honorable Christopher J. Bruno, Judge
Judge Roland L. Belsome
(Court composed of Judge Terri F. Love, Judge Roland L. Belsome, Judge
Madeleine M. Landrieu)
James F. Perot, Jr.
365 Canal Street
Suite 3060
New Orleans, LA 70130
COUNSEL FOR PLAINTIFF/APPELLEE
Gilbert E. Stampley
616 Baronne Street
Suite 301
New Orleans, LA 70113
COUNSEL FOR DEFENDANT/APPELLANT
APPEAL DISMISSED
MARCH 27, 2013




This appeal was taken from the granting of a preliminary injunction in favor
of Bellsouth Telecommunications, LLC.  The judgment appealed from,  granted a
preliminary injunction pending a trial on the permanent injunction.  That judgment
was rendered on May 15, 2012.  Pursuant to La.C.C.P. art. 3612, the time for
appealing a preliminary injunction is fifteen days from the date of the judgment.1
La.C.C.P. art. 3612(C).
Appellant’s appeal was filed as a devolutive appeal on July 13, 2012.
Devolutive appeals are allowed for permanent injunctions and may be taken from a
preliminary injunction if the parties stipulate that the merits and effect of the
preliminary injunction would be the same as that of the permanent injunction.
Metro Riverboat Assoc. v. Hilton Hotels, 99-2271, p.4 (La.App. 4 Cir. 11/10/99),
746 So.2d 809, 811.  In this matter it is undisputed that there was not a stipulation
to waive the right to a trial on the merits for a permanent injunction, which is clear
from the language within the judgment: “pending a trial on the permanent
1 La.C.C.P. art. 3612(C) states: “An appeal from an order or judgment relating to a preliminary injunction must be
taken, and any bond required must be furnished, within fifteen days from the date of the order or judgment. The
court in its discretion may stay further proceedings until the appeal has been decided.”
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injunction.”  Accordingly, we find that the appeal taken from the preliminary
injunction is untimely and must be dismissed.
APPEAL DISMISSED
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