Cahee v. Associated Indemnity Corp.
Also decided on this docket: La. Ct. App. 1st Cir., February 24, 1969 219 So. 2d 567; La. Ct. App. 1st Cir., December 18, 1952 62 So. 2d 533; La. Ct. App. 1st Cir., November 18, 1929 124 So. 593
Cahee v. Associated Indemnity Corp., 251 So. 2d 195 (La. Ct. App. 1st Cir. 1971).
Cited by
- Cahee v. Associated Indemnity Corp. 252 So. 2d 457 La. 1971
Authorities cited
Identified automatically; this list may not be exhaustive.
- Cahee v. Associated Indemnity Corp. 247 So. 2d 279
Opinion text
ON MOTION TO DISMISS APPEAL SAVOY, Judge. Appellant has failed to provide a bond for his devolutive appeal. Appellee has timely filed a motion to dismiss the appeal. Plaintiff-appellant first obtained an order for a devolutive appeal in forma pau-peris. Defendant-appellee was given an opportunity to traverse that order upon remand by this court, 247 So.2d 279 (La.App.3rd Cir., 1971). The trial judge, upon considering the defendant’s rule to traverse, ruled that plain *196 tiff could not proceed in forma pauperis and ordered plaintiff to give a bond for his appeal. Plaintiff failed to comply. Failure to give a bond when required is a fatal defect for an appeal. C.C.P. Article 2087. The appeal must be dismissed. For the foregoing reasons, the appeal of the plaintiff-appellant is dismissed. Cost is to be paid by the appellant. Dismissed.