Cited by

Opinions in Louisiana that cite Traigle v. Gulf Coast Aluminum Corp., 399 So. 2d 183.

38 citing documents.

Karen Yessenia Orellana Henriquez and Jose Henriquez Teruel Jaas Versus MacY's Retail Holdings, Inc. and MacY's Corporate Services, … La. Ct. App. 5th Cir. 2023
Joseph v. Wasserman 194 So. 3d 720 La. Ct. App. 1st Cir. 2016
State of Louisiana v. Trey Charles Miller La. Ct. App. 3d Cir. 2016
State v. Miller 215 So. 3d 791 La. Ct. App. 1st Cir. 2016
State v. Dennis 165 So. 3d 1124 La. Ct. App. 1st Cir. 2015
However, the Louisiana Supreme Court has stated that no appeal shall be dismissed “when the motion for appeal is filed timely but the order is not signed until after the delay has run.” Bremermann , 05-0547, p. 3, 923 So.2d at 189 ; Lifecare Hospitals, Inc. v. B & W Quality Growers, Inc., 39,065, p. 2 (La.App.
Cynthia Duplechain v. Town of Church Point La. Ct. App. 3d Cir. 2012
Baseline Construction & Restoration of Louisiana, L.L.C. v. Favrot Realty Partnership 86 So. 3d 66 La. Ct. App. 1st Cir. 2012
(no appeal should be dismissed when motion for appeal is timely filed but court order not signed until after delay has run).
Carrollton Presbyterian Church v. Presbytery of South Louisiana of the Presbyterian Church 77 So. 3d 975 La. Ct. App. 1st Cir. 2011
L. E. P. S. v. R. G. P. La. Ct. App. 3d Cir. 2011
E.D. Haber Heating & Air Conditioning, (La.App.
L.E.P.S. v. R.G.P. 59 So. 3d 523 La. Ct. App. 1st Cir. 2011
E.D. Haber Heating & Air Conditioning, (La.App.
Robyn Brook Hodges v. Kenneth Lane Miller La. Ct. App. 3d Cir. 2008
Hodges v. Miller 986 So. 2d 915 La. Ct. App. 3d Cir. 2008
Sibley v. Bremermann 923 So. 2d 187 La. Ct. App. 1st Cir. 2006
Lifecare Hospitals, Inc. v. B & W Quality Growers, Inc. 875 So. 2d 135 La. Ct. App. 2d Cir. 2004
a motion for an appeal was timely filed, but the order of appeal was not signed until after appellate delays would have expired.
Davis v. St. Jude Medical Center, Inc. 645 So. 2d 771 La. Ct. App. 5th Cir. 1994
Alonzo v. Silverman & Marks Plumbing Co. 623 So. 2d 710 La. Ct. App. 1st Cir. 1993
Hough v. Brookshire Grocery Co. 618 So. 2d 587 La. Ct. App. 2d Cir. 1993
In support of their position
Milligan v. Milligan 552 So. 2d 811 La. Ct. App. 1st Cir. 1989
Petroleum Treaters Inc. v. Houma Land & Offshore Co. 545 So. 2d 1300 La. Ct. App. 1st Cir. 1989
Logan v. Louisiana Dock Co. 543 So. 2d 1336 La. 1989
Peters v. Livingston Wood Products, Inc. 486 So. 2d 813 La. Ct. App. 1st Cir. 1986
This court dismissed plaintiffs original appeal, but was reversed and the appeal reinstated by the Louisiana Supreme Court in Peters v. Livingston Wood Products, Inc.
Overmier v. Traylor 475 So. 2d 1094 La. 1985
Rapp v. Rapp 458 So. 2d 931 La. 1984
Acadian Heritage Realty v. City of Lafayette 451 So. 2d 17 La. Ct. App. 3d Cir. 1984
Winterrowd v. Travelers Indem. Co. 440 So. 2d 822 La. Ct. App. 2d Cir. 1983
If we determine that the delay began to run on the first day after June 1 when the judgment denying both motions was signed, we must then determine whether the rule of CCP Art. 2161 extends to the circumstances of this case.
Hope Developers v. Ourso 434 So. 2d 592 La. Ct. App. 1st Cir. 1983
Tate v. Livingston Parish School Board 429 So. 2d 225 La. Ct. App. 1st Cir. 1983
McCoy v. National Convenience Stores, Inc. 427 So. 2d 1226 La. Ct. App. 2d Cir. 1983
: When an appellant timely files an order of appeal with the clerk of court, he has delivered it to a public official who has a duty to obtain the judge’s signature thereon or sign it himself.
Young v. Young 413 So. 2d 673 La. Ct. App. 1st Cir. 1982
the Supreme Court held: “When an appellant timely files an order of appeal with the clerk of court, he has delivered it to a public official who has a duty to obtain the judge’s signature thereon or sign it himself.
Hill v. Hill 412 So. 2d 1156 La. Ct. App. 1st Cir. 1982
In Traigle v. Gulf Coast Aluminum Corporation, et al., at p. 186 *1157 (La.1981), our Supreme Court stated the applicable rule: When an appellant timely files an order of appeal with the clerk of court, he has delivered it to a public official who has a duty to obtain the judge’s signature thereon or sign it himself.
Parault v. Parault 411 So. 2d 600 La. Ct. App. 1st Cir. 1982
La.Code of Civil Procedure, Art. 2161; E. D. Haber Heating & Air Conditioning, (1st Cir. 1981).
London v. Bell 409 So. 2d 1315 La. Ct. App. 1st Cir. 1982
Corp., (reversing ), although failure to file the suspensive appeal bond within 30 days may do so.
Bantin v. State ex rel. Department of Transportation & Development 411 So. 2d 63 La. Ct. App. 1st Cir. 1981
Bantin v. STATE, THROUGH DEPT. OF TRANSP., ETC. 411 So. 2d 63 La. Ct. App. 3d Cir. 1981
Knockum v. Amoco Oil Company 402 So. 2d 90 La. Ct. App. 1st Cir. 1981
From the decision of Traigle v. Gulf Coast Aluminum Corporation, et al., the rule emerges that a devolutive appeal will not be dismissed when the motion for an appeal is timely filed with the Clerk of Court but the order is not signed until after the delays have run.
Desandro v. Shoemacher 400 So. 2d 1208 La. Ct. App. 1st Cir. 1981
On May 18,1981, the Supreme Court of Louisi *1209 ana handed down its ruling in the consolidated cases of Traigle (Collector of Revenue, State of Louisiana) v. Gulf Coast Aluminum Corporation, et al, in which is settled contradictory decisions amongst the appellate courts concerning the validity of just such appeals.
Parish of East Baton Rouge v. Robinson 402 So. 2d 722 La. Ct. App. 1st Cir. 1981
For clarification of timeliness of appeal, see Traigie v. Gulf Coast Aluminum Corporation, et al.
E. D. Haber Heating & Air Conditioning, Inc. v. Koppenal 399 So. 2d 1224 La. Ct. App. 1st Cir. 1981
In the consolidated case of Joseph N. Traigle, Collector of Revenue, State of Louisiana v. Gulf Coast Aluminum Corporation, et al., (1981), the Supreme Court held a timely filed appeal, signed after delays have run, shall not be dismissed as untimely.