No. 5805 Precedential Granted Processed

Loyal Investment Corp. v. Danos

Louisiana Court of Appeal, First Circuit · Filed May 15, 1973 · 278 So. 2d 152

Also decided on this docket: La. Ct. App. 1st Cir., March 4, 1977 343 So. 2d 423; La. Ct. App. 1st Cir., April 21, 1913 10 Teiss. 232; La. Ct. App. 1st Cir., June 14, 1963 152 So. 2d 272

Cited by

Allstate Insurance v. Louisiana Gas Service Co. 340 So. 2d 698 La. Ct. App. 1st Cir. 1976
Loyal Investment Corp. v. Danos 281 So. 2d 742 La. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

The Forge, Inc. v. Peerless Casualty Company 131 So. 2d 838

Opinion text

SCHOTT, Judge. ON MOTION TO DISMISS This matter is before us on a motion filed by plaintiff-appellee to dismiss on the ground that defendant-appellant failed to file a proper appeal bond in the time provided by law. *153 Defendant-appellant took a suspensive appeal on September 22, 1972, and on February 28, 1973, plaintiff-appellee filed a rule to test the surety on the suspensive appeal bond. Following a trial of the rule on March 29, 1973, the trial judge declared the bond to be insufficient. Defendant-appellant filed a new bond on April 10, 1973. The filing of the new appeal bond was not accomplished within the four-day period established in LSA-C.C.P. Art. 5124. Accordingly, the motion to dismiss the appeal is granted. Gracianette v. Brown, La. App., 131 So.2d 838 . Accordingly, the appeal taken in this matter is hereby dismissed. Appeal dismissed.