Harris v. Bourgeois
Also decided on this docket: La., April 15, 1874 26 La. Ann. 375; La. Ct. App. 3d Cir., September 5, 1975 318 So. 2d 631; La. Ct. App. 4th Cir., January 15, 1973 272 So. 2d 44
Harris v. Bourgeois, 257 So. 2d 784 (La. Ct. App. 1st Cir. 1972).
Opinion text
ON MOTION TO DISMISS Before SAMUEL, REGAN and CHA-SEZ, JJ. SAMUEL, Judge. This matter is before us on a plaintiff-appellee motion to dismiss a suspensive appeal taken by the defendant. The motion is based solely on the contention that the appellant failed to furnish an appeal bond. The record reveals the appeal was taken timely by written motion filed on November 17, 1971 and the order of appeal, which was signed by the trial judge on the same date of November 17, 1971, grants the appeal “upon defendant furnishing bond with good and solvent security in accordance with law, in the sum of $2,000.00”. The record does not reveal an appeal bond was furnished. However, appellant’s response to the motion to dismiss contains satisfactory evidence showing that on November 18, 1971 he furnished to the Clerk of the trial court a $2,000.00 check which amount the Clerk placed in the Registry of Court where it remains as a cash appeal bond. Thus, we are satisfied appellant has furnished a proper cash appeal bond. Accordingly, the motion to dismiss the appeal is denied. Motion to dismiss denied.