Cited by

Opinions in Louisiana that cite Thompson v. Bamburg, 93 So. 2d 666.

33 citing documents.

Caldwell Parish School Board v. Louisiana Machinery Co. 110 So. 3d 993 La. 2013
Dixon v. Houck 466 So. 2d 57 La. Ct. App. 2d Cir. 1985
(1957); Pasquier, Batson & (La.
Blondin v. First National Bank of Commerce 343 So. 2d 318 La. Ct. App. 1st Cir. 1977
Palmer v. Trestman 282 So. 2d 558 La. Ct. App. 1st Cir. 1973
825 , (1958), and was one of the procedural “defects which are jurisdictional and which do strike at the foundation of the right of appeal”, , (1957); a party’s motion to dismiss could be filed at any time rather than within three days, Collins Piano Co. Inc. v. Cospelich, 7 La.App.
Siracusa v. Kramer 271 So. 2d 546 La. Ct. App. 1st Cir. 1973
Great American Insurance Companies v. East 264 So. 2d 761 La. Ct. App. 1st Cir. 1972
David v. Department of Public Safety 261 So. 2d 347 La. Ct. App. 1st Cir. 1972
Favrot v. Favrot, 252 La.
Smith v. Girley 242 So. 2d 32 La. Ct. App. 1st Cir. 1971
Gremillion v. Rinaudo 240 So. 2d 237 La. Ct. App. 1st Cir. 1970
Bascle v. Perez, 224 La.
Smith v. United States Fidelity & Guaranty Co. 239 So. 2d 738 La. Ct. App. 1st Cir. 1970
973 , ; , .” For the above and foregoing reasons the appeal is dismissed at appellant’s costs.
Kinchen v. Kinchen 235 So. 2d 81 La. 1970
Michigan Wisconsin Pipe Line Co. v. Guarisco Enterprises, Inc. 234 So. 2d 469 La. Ct. App. 1st Cir. 1970
2d 733 ; , .” (180 So.2d page 712).
Moon v. Moon 232 So. 2d 838 La. Ct. App. 1st Cir. 1970
Williams v. Williams 227 So. 2d 752 La. Ct. App. 1st Cir. 1969
White v. White 227 So. 2d 760 La. Ct. App. 1st Cir. 1969
On the other hand, , (1957), which was decided before the adoption of the Code of Civil Procedure, characterizes the failure to lodge the record timely as jurisdictional, and not subject to the three day limitation.
Sims v. Louisiana Private Schools, Inc. 223 So. 2d 187 La. Ct. App. 1st Cir. 1969
LaRose v. LaRose 211 So. 2d 95 La. Ct. App. 1st Cir. 1968
973 , ; , .” Article 2087 of the Code of Civil Procedure provides as follows: “Except as otherwise provided in this article or by other law, an appeal which does not suspend the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, within ninety days of: (1)
Sidney Printing & Publishing Co. v. Foshee 205 So. 2d 626 La. Ct. App. 1st Cir. 1967
Wooten v. Central Mutual Insurance 200 So. 2d 785 La. Ct. App. 1st Cir. 1967
art. 1841; , (1957); (La.App.
Aetna Insurance Co. v. Robinson 199 So. 2d 369 La. Ct. App. 1st Cir. 1967
973 , ; , .” (180 So.2d page 712).
Bulk Transport, Inc. v. General Truck Drivers, Warehousemen & Helpers Local Union No. 5 195 So. 2d 159 La. Ct. App. 1st Cir. 1967
362 , ] and Thompson v. Bamburg [ , ], among others which were based on applicable provisions of the Code of Practice of 1870, has been recognized and followed by the redactors of the new Code of Civil Procedure.
McCrory v. Link Belt Co. 195 So. 2d 172 La. Ct. App. 1st Cir. 1967
2d 733 ; , .” Article 2087 of the Code of Civil Procedure provides as follows: “Except as otherwise provided in this article or by other law, an appeal which does not suspend the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, within ninety days of: “(1
Burke v. State Farm Mutual Automobile Insurance 191 So. 2d 691 La. Ct. App. 1st Cir. 1966
Orrell v. Southern Farm Bureau Casualty Insurance 180 So. 2d 710 La. 1965
Britt v. Brocato 172 So. 2d 701 La. 1965
and Lafayette v. Farr, 162 La.
Courville v. Anchor Gasoline Corp. 174 So. 2d 680 La. Ct. App. 1st Cir. 1965
Fisher v. International Brotherhood of Electrical Workers, etc., 218 La.
Britt v. Brocato 170 So. 2d 516 La. Ct. App. 4th Cir. 1965
Spears v. Fourmy 150 So. 2d 342 La. Ct. App. 1st Cir. 1963
Wulff v. Mayer, supra; , ; Untereiner v. Miller, 29 La.Ann.
Wulff v. Mayer 144 So. 2d 246 La. Ct. App. 1st Cir. 1962
and, inasmuch as the right of appeal is provided for only upon the condition that the appeal be taken within the specified time and security furnished, (in this instance no later than November 4, 1961) Judge LeBlanc was without jurisdiction to grant the order of appeal of date November 8, 1961 and likew
La Borde v. Di Leo 128 So. 2d 262 La. Ct. App. 1st Cir. 1961
*263 , , the appellant failed to furnish the necessary bond.
Townsend v. Graham 124 So. 2d 405 La. Ct. App. 1st Cir. 1960
66 ) Also, , , the Supreme Court said: “‡ * * Appellant’s failure to timely file the transcript clearly strikes at the foundation of the right of appeal and it has been specifically held that, for a failure to timely file the transcript, the motion to dismiss can be filed at any time after the filing of the-tra
Coney v. Coney 115 So. 2d 801 La. 1959
567 , ; , ; and Love v. Department of Highways, State of Louisiana, supra.
Kotteman v. Grevemberg 96 So. 2d 604 La. 1957