Whittaker v. Vetsher, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., January 12, 1977 342 So. 2d 256; La. Ct. App. 1st Cir., October 29, 1976 338 So. 2d 798; La. Ct. App. 1st Cir., December 22, 1969 230 So. 2d 392; La. Ct. App. 1st Cir., March 28, 1952 58 So. 2d 346; La., March 15, 1880 32 La. Ann. 352; La. Ct. App. 3d Cir., March 11, 1981 396 So. 2d 535
Whittaker v. Vetsher, Inc., 333 So. 2d 689 (La. Ct. App. 1st Cir. 1976).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Reid v. Blanke 200 So. 2d 132
Opinion text
ON MOTION TO DISMISS STOULIG, Judge. Appellee Vetsher, Inc., moved to dismiss the suspensive appeal of appellant, Robert V. Whittaker, based upon the representation that the bond posted was insufficient to maintain a suspensive appeal under C. C.P. art. 2124. As pointed out by this court in the case of Reid v. Blanke, 200 So.2d 132 (1967), the procedure for testing the sufficiency of an appeal bond is clearly set out in C.C.P. art. 5123. Further the Code of Civil Procedure in Article 5125 prohibits the dismissal of an appeal on the insufficiency of the security unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond. Finally, under C.C.P. art. 2088(5) the trial court retains jurisdiction and is a proper forum to consider objections to the sufficiency of an appeal bond. For the foregoing reasons the motion to dismiss this appeal is denied at mover’s cost. MOTION DISMISSED.