No. 9334 Precedential Processed

Ingram Corp. v. Cook

Louisiana Court of Appeal, First Circuit · Filed February 1, 1973 · 280 So. 2d 399

Also decided on this docket: La. Ct. App. 2d Cir., October 27, 1960 124 So. 2d 190; La., December 15, 1885 37 La. Ann. 900; La., May 15, 1885 37 La. Ann. 417; La. Ct. App. 1st Cir., May 14, 1973 280 So. 2d 400

Opinion text

PER CURIAM. The Court, after considering the motion to dismiss this appeal as a suspensive one, has concluded from the record that in essence the mover has raised the question of the sufficiency of the bond to afford a sus-pensive appeal; It is the opinion of this Court that the trial court retains jurisdiction to. consider the sufficiency of a suspensive appeal bond under the provision of Article 2088 of the Civil Code of Procedure; And, therefore, we cannot entertain jurisdiction to determine the sufficiency of the amount of the bond in order for the appeal to qualify as a suspensive one. Motion to dismiss appeal denied.