No. 9408 Precedential Processed

Carmadelle v. Werner

Louisiana Court of Appeal, First Circuit · Filed May 2, 1978 · 359 So. 2d 708

Also decided on this docket: La., May 15, 1885 37 La. Ann. 583; La. Ct. App. 1st Cir., June 20, 1973 280 So. 2d 638; La. Ct. App. 2d Cir., February 2, 1961 126 So. 2d 830

Cited by

Box v. French Market Corp. 593 So. 2d 836 La. Ct. App. 4th Cir. 1992
Jones v. Cusimano 511 So. 2d 486 La. Ct. App. 3d Cir. 1987
Irvin v. Grower 417 So. 2d 507 La. Ct. App. 1st Cir. 1982

Authorities cited

Identified automatically; this list may not be exhaustive.

Torry v. Barnes 338 So. 2d 383
Ruiz v. Succession of Viosca 291 So. 2d 527
Jay v. United Packinghouse Workers of America 34 So. 2d 526

Opinion text

*709 ON MOTION TO DISMISS SCHOTT, Judge. On our own motion we noticed a probable lack of jurisdiction over this appeal. The judgment appealed from dismissed a rule for preliminary injunction brought by plaintiff and intervenor, West Lake Development Company. It was signed on August 3,1977, and plaintiff and intervenor filed a petition for appeal on August 18. However, they did not post their appeal bond until September 19. LSA-C.C.P. Art. 3612 provides: “An appeal from an order or judgment relating to a preliminary injunction must be taken and a bond furnished within fifteen days from the date of the order or judgment.” When the appeal bond is not filed within fifteen days, as in this case, the Court of Appeal is without jurisdiction over the matter. Torry v. Barnes, 338 So.2d 383 (La.App. 3rd Cir. 1976), Ruiz v. Succession of Viosca, 291 So.2d 527 (La.App. 4th Cir. 1974). Appellants contend that the fifteen day period was interrupted or suspended by virtue of the fact that between the time the judgment was signed and the time the bond was filed applications for supervisory writs were made by them to this court and to the Supreme Court. The filing of applications for supervisory writs in these courts did not have the effect of interrupting or suspending the delay provided by Art. 3612 for taking an appeal. Jay v. United Packing House Workers of America, 34 So.2d 526 (Orl.La.App.1948). APPEAL DISMISSED