Davis v. Bowman
Also decided on this docket: La. Ct. App. 1st Cir., July 1, 1920 3 Pelt. 426; La. Ct. App. 3d Cir., October 8, 1980 389 So. 2d 1367; La. Ct. App. 4th Cir., February 15, 1977 346 So. 2d 225; La. Ct. App. 2d Cir., January 30, 1952 56 So. 2d 880
Davis v. Bowman, 334 So. 2d 705 (La. Ct. App. 1st Cir. 1976).
Cited by
- Bertucci v. Augustine 518 So. 2d 1164 La. Ct. App. 1st Cir. 1988
- Plumbing Supply House v. Century Nat. Bank 440 So. 2d 173 La. Ct. App. 4th Cir. 1983
- Tidwell v. Goston 371 So. 2d 299 La. Ct. App. 1st Cir. 1979
Authorities cited
Identified automatically; this list may not be exhaustive.
- Reid v. Blanke 200 So. 2d 132
Opinion text
ON MOTION TO DISMISS MORIAL, Judge. Appellees moved to dismiss this appeal based upon the filing by the appellants of an appeal bond which does not contain the signature or signed affidavit of the personal surety. See LSA-C.C.P. Article 5122. LSA-C.C.P. Article 5123 establishes the procedure for testing the validity of an appeal bond in the trial court in which the proceeding was brought. See Reid v. Blanke, La .App., 200 So.2d 132 (1967). Further, under LSA-C.C.P. Article 2088(5) the trial court retains jurisdiction to test the invalidity of an appeal bond. The dismissal of an appeal based upon the invalidity of the appeal bond is prohibited unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond. See LSA-C.C.P. Articles 5124, 5125 and 5126. Furthermore, the record contains an amended and supplemental appeal bond that meets the requirements of LSA-C.C.P. Article 5122. For the foregoing reasons the motion to dismiss the appeal is denied at movers’ costs. MOTION DISMISSED.