
    R2D2B2, L.L.C., D/B/A Venetian Isles Marina & Seafood Dock v. CITY OF NEW ORLEANS.
    No. 2003-C-0310.
    Supreme Court of Louisiana.
    April 30, 2003.
   ORDER

WRIT GRANTED IN PART, DENIED IN PART.

IT IS ORDERED that the portion of the court of appeal opinion reversing the denial of a preliminary injunction in favor of plaintiff be reversed and the judgment of the trial court denying the preliminary injunction be hereby reinstated. An appeal from an order or judgment relating to a preliminary injunction must be taken within fifteen days from the date of the order or judgment. LSA-C.C.P. art. 3612(C).

IT IS FURTHER ORDERED that the remainder of the writ be denied.

/s/ John L. Weimer Justice, Supreme Court of Louisiana

CALOGERO, C.J., concurs with reasons.

CALOGERO, Chief Justice

concurring.

I agree that the court of appeal decision reversing the trial court judgment on the preliminary injunction in favor of the plaintiff must be reversed because the appeal was not filed within the 15-day period established by La.Rev.Stat. art. 3612(C) for appealing an order regarding a preliminary injunction. Under the law, a consequence of this court’s action is that the plaintiff will not be enjoined from operating as a marina, but will be enjoined as operating a wholesale seafood dock, until and unless a preliminary injunction is granted by the district court.  