83-372 Precedential Granted Processed

Savoie v. Estate of Rogers

Louisiana Court of Appeal, Third Circuit · Filed June 20, 1983 · 433 So. 2d 1140

Also decided on this docket: La. Ct. App. 1st Cir., December 14, 1983 442 So. 2d 1323

Cited by

Ledoux v. Bay State Management Corp. 490 So. 2d 825 La. Ct. App. 1st Cir. 1986
Landry v. Nobility Homes, Inc. 484 So. 2d 325 La. Ct. App. 1st Cir. 1986
First National Bank of Lafayette v. Smith 475 So. 2d 1388 La. Ct. App. 1st Cir. 1985
Savoie v. Estate of Rogers ex rel. Landry 445 So. 2d 1227 La. 1984
Savoie v. Estate of Rogers 442 So. 2d 1323 La. Ct. App. 1st Cir. 1983

Authorities cited

Identified automatically; this list may not be exhaustive.

Swan v. Clover Farm Creamery, Inc. 311 So. 2d 285

Opinion text

433 So.2d 1140 (1983) Wilson J. SAVOIE and Marie P. Savoie, Plaintiffs-Appellees, v. The ESTATE OF Dennis ROGERS, Defendant-Appellant. No. 83-372. Court of Appeal of Louisiana, Third Circuit. June 20, 1983. Keith A. Stutes, Lafayette, for plaintiffs-appellees. G. Paul Marx and Donald D. Landry, Lafayette, for defendant-appellant. Before STOKER, LABORDE and KNOLL, JJ. STOKER, Judge. MOTION TO DISMISS The plaintiffs-appellees, Wilson J. Savoie and Marie P. Savoie, move to dismiss the suspensive appeal of the Estate of Dennis Rogers as being untimely perfected. The judgments in this matter were signed in favor of Wilson Savoie for $5,493.78 on February 23, 1983. The notices *1141 of judgment were mailed on February 24, 1983 and March 7, 1983 respectively. The Motion and Order for Suspensive Appeal was filed on March 4, 1983, the suspensive appeal bond being fixed at $16,319.34. However, the necessary security for the suspensive appeal was not furnished until April 27, 1983. Code of Civil Procedure Article 2123 provides: "Except as otherwise provided by law, an appeal which suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, only within thirty days of: (1) The expiration of the delay for applying for a new trial, as provided by Article 1974, if no application has been filed timely." Inasmuch as the suspensive appeal bond has been untimely filed, the suspensive appeal is hereby converted into a devolutive appeal. Swan v. Clover Farm Creamery, Inc., 311 So.2d 285 (La.App.1974). MOTION GRANTED.