4564 Precedential Dismissed Processed

Aucoin v. Williams

Louisiana Court of Appeal, Third Circuit · Filed March 12, 1974 · 291 So. 2d 504

Also decided on this docket: La. Ct. App. 3d Cir., September 18, 1974 295 So. 2d 868; La. Ct. App. 4th Cir., July 15, 1971 250 So. 2d 516

Cited by

Rome v. Traylor 620 So. 2d 1163 La. 1993
Louisiana Home Builders, Inc. v. Fontenot 525 So. 2d 1170 La. Ct. App. 1st Cir. 1988
Whitehead v. Fireman's Fund Insurance Co. 520 So. 2d 1324 La. Ct. App. 1st Cir. 1988
Robert v. Bayou Bernard Marine, Inc. 514 So. 2d 540 La. Ct. App. 3d Cir. 1987
Ward-Steinman v. Karst 446 So. 2d 999 La. Ct. App. 1st Cir. 1984
Estate of Boudreaux v. Verdin 425 So. 2d 873 La. Ct. App. 1st Cir. 1982
Gwatney v. Miller 365 So. 2d 1133 La. Ct. App. 1st Cir. 1978
Moreaux v. American Mutual Insurance Company 302 So. 2d 686 La. Ct. App. 3d Cir. 1974

Authorities cited

Identified automatically; this list may not be exhaustive.

E. E. Rabalais & Son, Inc. v. United Bonding Insurance 225 So. 2d 23
Joffrion v. Sears, Roebuck & Co. 266 So. 2d 563
McNeely v. Garrett 288 So. 2d 659

Opinion text

291 So.2d 504 (1974) Preston N. AUCOIN, Plaintiff-Appellee, v. Delores Marie WILLIAMS (Alfred), Defendant-Appellant. No. 4564. Court of Appeal of Louisiana, Third Circuit. March 12, 1974. Fusilier, Pucheu & Soileau, by A. Gaynor Soileau, Ville Platte, for defendant-appellant. Preston N. Aucoin, Ville Platte, for plaintiff-appellee. Before CULPEPPER, DOMENGEAUX and WATSON, JJ. CULPEPPER, Judge. Plaintiff-appellee, Preston N. Aucoin, moves to dismiss the suspensive appeal of the defendant-appellant, Delores Marie Williams, on the grounds that the appellant failed to timely file her appeal bond, and that the amount of the bond was insufficient for a suspensive appeal. The appellee, Preston N. Aucoin, obtained a judgment on December 6, 1973, for legal fees against the appellant, Delores Marie Williams, for the amount of $29,166.66, plus 7% interest per annum thereon from August 4, 1971, until paid. The appellant did not apply for a new trial. On December 17, 1973, the defendant was granted a suspensive appeal to this court upon her furnishing bond in the amount of $750.00. The appellant filed her bond on February 5, 1974, some 60 days after the rendition of judgment and long after the 15-day delay for perfecting a suspensive appeal. LSA-C.C.P. Art. 2123. The bond, however, was filed within the delay for taking a devolutive appeal, LSA-C.C.P. Art. 2087, and we therefore dismiss the appellant's suspensive appeal and reinstate her appeal as devolutive. Where the appeal bond is not filed within the delay allowed for a suspensive appeal, but is filed within the delay allowed for a *505 devolutive appeal, the appeal will be sustained as a devolutive appeal. This is true notwithstanding the fact that the motion and order of appeal failed to include any mention of a devolutive appeal. R. E. Rabalais & Son, Inc. v. United Bonding Insurance Company, 225 So.2d 23 (La.App. 3rd Cir., 1969); Joffrion v. Sears, Roebuck & Company, 266 So.2d 563 (La.App. 3rd Cir., 1972); Succession of Willie Garrett v. R. W. Garrett, 288 So.2d 659 (La. App. 3rd Cir., 1974). Since we have dismissed the appellant's suspensive appeal, the question as to the sufficiency of the suspensive appeal bond is now moot. For the reasons assigned, the appellant's suspensive appeal is hereby dismissed, and the appeal is maintained as devolutive. Suspensive appeal dismissed, appeal entertained as devolutive.