Ardoin v. LaFleur

Louisiana Court of Appeal

Ardoin v. LaFleur

343 So. 2d 761

CourtLouisiana Court of Appeal

DecidedMarch 14, 1977

DocketNo. 6024

StatusPublished

This text of 343 So. 2d 761 (Ardoin v. LaFleur) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ardoin v. LaFleur, 343 So. 2d 761 (La. Ct. App. 1977).

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Opinion

PER CURIAM.

On February 17, 1977, we issued, ex pro-prio motu an Order to Show Cause addressed to the defendant-appellant, Jimmy LaFleur, ordering him to show cause why the appeal in the above captioned case should not be dismissed for failure to timely post his appeal bond.

The appellant has answered the Order to Show Cause admitting that his bond was not timely posted, but pleading that in the interest of justice the appeal should be maintained.

We must dismiss the defendant-appellant’s appeal, as it is well settled that an appellate court does not acquire jurisdiction of a devolutive appeal unless the bond is filed within the time prescribed. Pan-American Petroleum Corporation v. Cocreham, 251 La. 705, 206 So.2d 79 (1968) and cases cited therein; Frank v. Travelers Insurance Company, 322 So.2d 834 (La.App.1975); Freeman v. Liberty Mutual Insurance Company, 289 So.2d 875 (La.App. 3rd Cir. 1975).

APPEAL DISMISSED.

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PER CURIAM.

On February 17, 1977, we issued, ex pro-prio motu an Order to Show Cause addressed to the defendant-appellant, Jimmy LaFleur, ordering him to show cause why the appeal in the above captioned case should not be dismissed for failure to timely post his appeal bond.

The appellant has answered the Order to Show Cause admitting that his bond was not timely posted, but pleading that in the interest of justice the appeal should be maintained.

We must dismiss the defendant-appellant’s appeal, as it is well settled that an appellate court does not acquire jurisdiction of a devolutive appeal unless the bond is filed within the time prescribed. Pan-American Petroleum Corporation v. Cocreham, 251 La. 705, 206 So.2d 79 (1968) and cases cited therein; Frank v. Travelers Insurance Company, 322 So.2d 834 (La.App.1975); Freeman v. Liberty Mutual Insurance Company, 289 So.2d 875 (La.App. 3rd Cir. 1975).

APPEAL DISMISSED.

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343 So. 2d 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardoin-v-lafleur-lactapp-1977.

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