Dickerson v. Hudson
Dickerson v. Hudson, 10 So. 2d 700 (La. 1942).
Cited by
- Piper v. Central Louisiana Electric Co. 542 So. 2d 7 La. Ct. App. 1st Cir. 1989
- Great American Insurance Companies v. East 264 So. 2d 761 La. Ct. App. 1st Cir. 1972
- Dounson v. Faia 246 So. 2d 729 La. Ct. App. 1st Cir. 1971
- Smith v. United States Fidelity & Guaranty Co. 239 So. 2d 738 La. Ct. App. 1st Cir. 1970
- Michigan Wisconsin Pipe Line Co. v. Guarisco Enterprises, Inc. 234 So. 2d 469 La. Ct. App. 1st Cir. 1970
- Moon v. Moon 232 So. 2d 838 La. Ct. App. 1st Cir. 1970
- Sims v. Louisiana Private Schools, Inc. 223 So. 2d 187 La. Ct. App. 1st Cir. 1969
- LaRose v. LaRose 211 So. 2d 95 La. Ct. App. 1st Cir. 1968
- Aetna Insurance Co. v. Robinson 199 So. 2d 369 La. Ct. App. 1st Cir. 1967
- McCrory v. Link Belt Co. 195 So. 2d 172 La. Ct. App. 1st Cir. 1967
- Orrell v. Southern Farm Bureau Casualty Insurance 180 So. 2d 710 La. 1965
- Britt v. Brocato 170 So. 2d 516 La. Ct. App. 4th Cir. 1965
Authorities cited
Identified automatically; this list may not be exhaustive.
Opinion text
McCALEB, Justice. The plaintiff and appellee has moved to dismiss this appeal on the ground that the appellant has failed to perfect it within one year after the judgment was signed by the timely filing of the appeal bond fixed by the judge. The judgment appealed from was rendered, read and signed in open court on July 8th, 1941. A devolutive appeal was applied for on June 23, 1942, and an order granting the appeal and fixing the bond was signed on that day. However, the appeal was not perfected by the filing of the bond until July 25, 1942, or over one year after the rendition and signing of the judgment. It is the established jurisprudence of this State that “The time limit of one year, allowed by article 593 of the Code of Practice, for the taking of a devolutive appeal, is the limit of time in which the taking of the appeal must be completed by the filing of the appeal bond, in cases where a bond is required by law and by the order granting 1;he appeal, * * * See Mount Olive Baptist Church v. New Zion Baptist Church, 198 La. 896 , 5 So.2d 144 , and authorities there cited. It is, therefore, obvious in this case that, since the appeal was not perfected by *917 the filing of bond within the year elapsing from the finality of the judgment below, this court is without jurisdiction to entertain the proceeding. For the reasons assigned, the appeal is dismissed at appellant’s cost. ROGERS, J., absent.