No. 5998 Precedential Processed

Giardina v. Marrero Furniture Co.

Louisiana Court of Appeal, First Circuit · Filed August 21, 1973 · 282 So. 2d 579

Also decided on this docket: La. Ct. App. 1st Cir., May 13, 1977 346 So. 2d 1325; La. Ct. App. 1st Cir., February 9, 1914 11 Teiss. 143

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Opinion text

REDMANN, Judge. After a judgment signed April 23, 1973, dismissing a rule for preliminary injunction, plaintiff moved for a new trial April 25, and after denial of that motion May 21, filed a petition for appeal on May 23. Obliged to note timeliness of appeals, Orrell v. Southern Farm Bur. Cas. Ins. Co., 248 La. 576 , 180 So.2d 710 (1965), we point out that this appeal was not taken within the 15 days “from the date of the order or judgment” allowed by C.C.P. art. 3612. Plaintiff’s application for a new trial did not extend this period; Morris v. Transtates Petr., Inc., 258 La. 311 , 246 So.2d 183 (1971). On our own motion, the appeal is dismissed.