Thomas v. Insurance Corp. of America
Also decided on this docket: La. Ct. App. 2d Cir., June 23, 1993 621 So. 2d 67
Thomas v. Insurance Corp. of America, 613 So. 2d 1172 (La. Ct. App. 2d Cir. 1993).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Sayyah v. Doumani 521 So. 2d 715
- Dolhonde v. Dolhonde 345 So. 2d 596
Opinion text
ORDER We herewith deny the motion of Louisiana Patient’s Compensation Fund to allow this suspensive appeal without security and to withdraw the previously posted security. Jurisdiction to test the solvency of or consider objections to the form, substance, and sufficiency of the appeal bond remains in the trial court after appellate jurisdiction attaches. C.C.P. Art. 2088(5). The party desiring to test the validity of the appeal bond should seek that relief in the trial court. See Sayyah v. Doumani, 521 So.2d 715 (La.App. 1st Cir.1988); Dolhonde v. Dolhonde, 345 So.2d 596 (La.App. 1st Cir.1977). On proper motion, the trial court should determine whether LPCF is exempt from posting a suspensive appeal bond under L.R.S. 13:4581 and to address whether the security posted may be withdrawn during the pendency of this appeal. The processing of this appeal shall not be delayed pending resolution in the trial court. C.C.P. Art. 2164.