Anthony Misita and Glenn and Linda Torres v. Gerald Caime, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2021 CW 0948
ANTHONY MISITA AND GLENN AND
LINDA TORRES

VERSUS

GERALD CAIME, JR. ET AL OCTOBER 18, 2021

Misita and Glenn and Linda Torres, applying
In Re: Anthony
22nd Judicial District Court,
for supervisory writs,

Parish of St. Tammany, No. 2019- 15014.

BEFORE: LANIER, WOLFE, AND BURRIS,' JJ.

PART WITH ORDER; DENIED IN PART. The
WRIT GRANTED IN

portion of the district court' July 16, 2021 order setting the
s

The June
bond at $ 10, 000 was legal error and is hereby vacated.
seek to appeal includes
10, 2021 judgment from which Plaintiffs
defendants. Thus, the
a monetary award in favor of certain

to be furnished for a suspensive appeal is
amount of security
La. Code Civ. P. art. 2124( B)( 1), which provides,
dictated by
is for the amount of the
When the judgment a sum of money,

security shall be equal to the amount of the judgment, including
the interest allowed by the judgment to the date the security is
of costs." Accordingly, we grant the writ
furnished, exclusive

court to fix the security
and remand the matter to the district
suspensive appeal to an amount equal to the amount of the
for a
interest judgment to the
judgment, including the allowed by the
furnished, of the costs. The
date the security is exclusive

writ application is denied in all other respects.

WIL
EW

WJB

COURT / OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT
FOR THE COURT

1, judge [~William J. Burris, retired, serving pro tempore by special appointment
of the Louisiana Supreme Court.