2020CW0961 Nonprecedential Writ Processed

Rudolph Dempsey, Jr., Elizabeth Dempsey Goodlow, and Millie Hamilton Harris v. Amos Hamilton, Jr.

Louisiana Court of Appeal, First Circuit · Filed October 21, 2020

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

RUDOLPH DEMPSEY, JR., NO. 2020 CW 0961

ELIZABETH DEMPSEY GOODLOW,
AND MILLIE HAMILTON HARRIS

VERSUS

AMOS HAMILTON, JR. OCTOBER 21, 2020

Amos Hamilton, for supervisory writs, 23rd
In Re: applying
District Court, Parish of Ascension, No.
Judicial
96334.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

GRANTED. REQUEST FOR STAY DENIED AS MOOT. The
WRIT

bond or security is a necessary step in the
furnishing of

process of suspensive appeal, and certain definite requirements

to appeal bonds. Guilliot V. City of Kenner, 326 So. 2d
apply
359, 362 ( La. 1976). Louisiana Code of Civil Procedure article

forth the substantive requirements of a suspensive
2124( E) sets

appeal bond, as do Articles 5121 and 5122. We find Amos Hamilton

complied with these requirements and the district court erred in
aside his appeal bond. Therefore, we grant this writ
setting
application, reverse the district court' s September 9, 2020

judgment setting aside Mr. Hamilton' s suspensive appeal bond and
Rudolph Dempsey, Jr., Elizabeth Dempsey
deny plaintiffs',

Goodlow, and Millie Hamilton Harris, motion testing the

sufficiency and validity of bond.

VGW
JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL R OF COURT
F' OR THE COURT