Dantagnan v. Mancuso
Also decided on this docket: La. Ct. App. 1st Cir., December 24, 1975 324 So. 2d 912; La. Ct. App. 1st Cir., May 16, 1972 262 So. 2d 580; La. Ct. App. 1st Cir., April 10, 1961 129 So. 2d 573; La., May 15, 1874 26 La. Ann. 550
Dantagnan v. Mancuso, 267 So. 2d 732 (La. Ct. App. 1st Cir. 1972).
Cited by
- Reeves v. Reeves 315 So. 2d 162 La. Ct. App. 1st Cir. 1975
- Brown v. Theriot 293 So. 2d 206 La. Ct. App. 1st Cir. 1974
Opinion text
ON MOTION TO DISMISS REDMANN, Judge. On motion of defendant Mancuso (and on our own motion as to the remaining defendant) this appeal is dismissed in its entirety as untimely. Judgment was rendered and notice sent June 22, 1971; motion for new trial filed July 2 was untimely, C.C.P. art. 1974, and therefore the 90 day delay for devolutive appeal ran from expiration of the delay for applying for a new trial, C.C.P. art. 2087 subd. (1). Accordingly the petition and order of appeal of December 8, 1971 came too late since the judgment had become definitive, C.C.P. art. 1842 and CC. art. 3556, subd. 31. Appeal dismissed.