Dodson & Hooks, APLC v. The Louisiana Community Development Capital Fund, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DODSON & HOOKS, APLC NO. 2022 CW 1330

VERSUS

THE LOUISIANA COMMUNITY
DEVELOPMENT CAPITAL FUND,
INC. ( CAPFUND)

CONSOLIDATED WITH

THE LOUISIANA COMMUNITY
DEVELOPMENT CAPITAL FUND,

INC. ( CAPFUND)

DECEMBER 20, 2022
VERSUS

DODSON & HOOKS, APLC

In Re: Dodson & Hooks, APLC, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 642674 c/ w 652673.

BEFORE: MCDONALD, MCCLENDON, AND HOLDRIDGE, JJ.

WRIT GRANTED IN PART; DENIED IN PART. The portion of the
district court' s November 21, 2022 order increasing the
suspensive appeal bond to "$ 135, 000 plus $ 15, 000" is vacated.

Pursuant to La. Code Civ. P. art. 2124 ( B) ( 3) , the district court
shall fix security " at an amount sufficient to assure the
satisfaction of the judgment, together with damages for the
delay resulting from the suspension of the execution." The
district court herein originally set the suspensive appeal bond
for Dodson & Hooks, APLC at $ 0. A district court retains

jurisdiction to consider objections to the form, substance, and

sufficiency of the appeal bond and permit the curing thereof.
La. Code Civ. P. art. 2088. Any person in interest wishing to
test the
sufficiency, solvency of the surety, or validity of a
bond furnished as security in a judicial proceeding shall rule

the party furnishing the bond into the district court in which
the proceeding was brought to show cause why the bond should not
be decreed insufficient or invalid, and why the order, judgment,
writ, mandate, or process conditioned on the furnishing of

security should not be set aside or dissolved. La. Code Civ. P.
art. 5123. This writ application is denied in all other

respects.

JMM
PMC
GH

COURT OF APPEAL, FIRST CIRCUIT

aaL;P- DEPUTY CLERK
euk

OF COURT
FOR THE COURT