Winborne v. Winborne
Also decided on this docket: La. Ct. App. 1st Cir., November 2, 1951 54 So. 2d 832; La., May 15, 1882 34 La. 833; La., July 1, 1880 32 La. Ann. 1306; La. Ct. App. 1st Cir., July 2, 1969 226 So. 2d 580
Winborne v. Winborne, 336 So. 2d 1030 (La. Ct. App. 1st Cir. 1976).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Bardon v. Ledoux 297 So. 2d 219
Opinion text
ORDER Ex proprio motu, we noticed the untimely filing of an appeal bond. An order was issued by this court directed to appellant to show cause why the appeal should not be dismissed. Briefs were filed in response to the order. The judgment was rendered on October 4, 1974. No notice of judgment was mailed or was necessary. See LSA-C.C.P. art. 1913. Further, no application for new trial was filed. The petition for appeal was filed on October 17, 1974, and the appeal bond was filed on November 26, 1974. It is apparent that the appeal bond was not filed within 30 days of the expiration of the delay for applying for a new trial. See LSA-C.C.P. arts. 3942, 3943 and 1974. In such instance, the appeal will be dismissed. See Bardon v. Ledoux, 297 So.2d 219 (La.App. 3d Cir. 1974). Accordingly, the appeal is dismissed.