Guerin v. Frankowski
Also decided on this docket: La., March 15, 1874 26 La. Ann. 151; La. Ct. App. 3d Cir., April 23, 1976 326 So. 2d 551
Guerin v. Frankowski, 269 So. 2d 833 (La. Ct. App. 1st Cir. 1972).
Opinion text
ON MOTION TO DISMISS LEMMON, Judge. On our own motion, we dismiss the appeal. The following dates in 1971 are pertinent : June 23, Judgment read, rendered and signed *834 June 25, Notice of Judgment mailed August 6, Motion for appeal filed October 22, Appeal bond filed. Since no application for a new trial was timely filed, the delay for taking a devolu-tive appeal began to run upon the expiration of the delay for applying for a new trial. C.C.P. art. 2087(1). Thereafter, the appeal was not taken “and the security therefor furnished” within ninety days, C.C.P. art. 2087, and the judgment became definitive, C.C.P. art. 1842; C.C. art. 3556 (31). The appeal is dismissed as untimely filed. Appeal dismissed.