Malanders v. Avondale Shipyards, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., March 18, 1974 292 So. 2d 895; La. Ct. App. 5th Cir., April 13, 1925 2 La. App. 109; La. Ct. App. 2d Cir., May 22, 1962 141 So. 2d 903
Malanders v. Avondale Shipyards, Inc., 361 So. 2d 479 (La. Ct. App. 1st Cir. 1978).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Carlisle v. Carlisle 313 So. 2d 908
- Moreland v. Acadian Mobile Homes Park, Inc. 319 So. 2d 442
- In Matter of Bacmonila Garden Apartment Inc. 355 So. 2d 288
Opinion text
ON MOTION TO DISMISS GULOTTA, Judge. On defendant’s motion, we dismiss plaintiff’s appeal. Trial in the district court was held on October 5, 1977 and judgment was *480 rendered on October 7, 1977. No notice of judgment was mailed nor was an application for new trial filed. A petition for appeal was filed on November 8, 1977 and signed on November 10, 1977. The bond was filed on June 1, 1978 and costs were paid on June 29, 1978. Assuming but not deciding that a notice of judgment was required under LSA-C. C.P. art. 1913, the delays for perfecting the appeal began the day the order was signed granting the devolutive appeal, 1 and a bond filed in excess of six months subsequent to the granting of the appeal is untimely. 2 See LSA-C.C.P. art. 2087. Accordingly, the appeal is dismissed. APPEAL DISMISSED. . See Carlisle v. Carlisle, 313 So.2d 908 (La.App. 2d Cir. 1975), writ denied, 319 So.2d 442 (La. 1975). . We distinguish Bacmonila Garden Apartment, Inc. v. Williams, 355 So.2d 288 (La.App. 4th Cir. 1978) which held no devolutive appeal bond is required when costs are paid within the delays for perfecting the appeal. In the instant case, costs were paid after the delays had elapsed.