Barnes v. Edwards
Also decided on this docket: La., April 15, 1877 29 La. Ann. 261; La. Ct. App. 1st Cir., May 19, 1966 184 So. 2d 241
Barnes v. Edwards, 300 So. 2d 846 (La. Ct. App. 1st Cir. 1974).
Opinion text
LEMMON, Judge. This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002. Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts. When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment. The appeal is dismissed. Appeal dismissed.