Bass v. Service Pipe Trucking Co.
Also decided on this docket: La. Ct. App. 1st Cir., January 29, 1973 273 So. 2d 349; La. Ct. App. 1st Cir., November 2, 1970 241 So. 2d 11; La. Ct. App. 1st Cir., March 16, 1932 140 So. 115; La., January 15, 1873 25 La. Ann. 51; La. Ct. App. 1st Cir., October 6, 1955 83 So. 2d 164
Bass v. Service Pipe Trucking Co., 267 So. 2d 63 (La. Ct. App. 1st Cir. 1972).
Cited by
- Succession of Donohue 388 So. 2d 56 La. Ct. App. 1st Cir. 1980
- Bass v. SERVICE PIPE TRUCKING COMPANY INC. 289 So. 2d 78 La. 1974
- Ferina v. Howard 285 So. 2d 805 La. Ct. App. 3d Cir. 1973
Authorities cited
Identified automatically; this list may not be exhaustive.
- Desormeaux v. American Mutual Liability Insurance 220 So. 2d 170
- Desormeaux v. American Mutual Liability Insurance 254 La. 133
- Barker v. Phoenix Insurance 222 So. 2d 883
Opinion text
MOTION TO DISMISS FRUGE, Judge. Plaintiff-appellant, Calvin Bass, has lodged a suspensive, and in the alternative, devolutive appeal from a judgment ordering him to submit to surgery for repair of a torn medial meniscus in the right knee by a surgeon of his own choosing within 45 days from the date of that judgment, or in default thereof to suffer a cessation of compensation payments being made by the defendants. Notice of judgment was served on the plaintiff’s attorney on August 18, 1972. Since the suit was filed in forma pauperis, his appeal was perfected upon obtaining the order of appeal. Defendants-appellees move here for an order dismissing the suspensive appeal and requiring appellant to post bond in order to proceed with this matter as a devolu-tive appeal. A party proceeding in forma pauperis has the right to a devolutive ap *64 peal without furnishing an appeal bond, but he is not entitled to a suspensive appeal without furnishing the necessary security therefor. LSA-C.C.P. Article 5185. Insofar as the appeal purports to suspend the judgment, it must be dismissed. However, since the order granting plaintiff-appellant’s appeal in forma pauperis was signed within the delay allowed for a devolutive appeal, this appeal will be upheld as a devolutive appeal. Desormeaux v. American Mutual Liability Insurance Company, 220 So.2d 170 (La.App. 3rd Cir., 1969), writs refused 254 La. 133 , 222 So. 2d 883 (1969). Motion to dismiss suspensive appeal granted.