South Central Bell Telephone Co. v. Westridge
Also decided on this docket: La. Ct. App. 1st Cir., March 15, 1971 246 So. 2d 380; La. Ct. App. 1st Cir., January 4, 1955 77 So. 2d 72; La., December 15, 1881 33 La. Ann. 1362; La. Ct. App. 3d Cir., March 19, 1981 398 So. 2d 57
South Central Bell Telephone Co. v. Westridge, 341 So. 2d 1260 (La. Ct. App. 1st Cir. 1976).
Cited by
- South Central Bell Telephone Co. v. Westridge 343 So. 2d 1064 La. 1977
Opinion text
LEMMON, Judge. On our own motion we issued a rule to show cause why appellant’s devolutive appeal should not be dismissed because of the absence of a surety on the appeal bond filed in the record. Appellant, appearing in proper person, responded that (1) he has tried every listed bonding company but has not been able to obtain a bond because he is not an attorney and (2) that he is capable of furnishing “collateral”, but does not feel “he should be requested to do so.” An appeal bond without a surety is no security. C.C.P. art. 2087 requires that an appeal must be taken and security therefor furnished within the prescribed delay. Accordingly, when the time elapsed without security being furnished, the. judgment of the trial court became definitive. C.C. art. 3556(31); C.C.P. art. 1842. The appeal is dismissed. APPEAL DISMISSED.