Barnes v. Edwards

Louisiana Court of Appeal

Barnes v. Edwards

300 So. 2d 846, 1974 La. App. LEXIS 3295

CourtLouisiana Court of Appeal

DecidedSeptember 13, 1974

DocketNo. 6576

StatusPublished

Cited by1 cases

This text of 300 So. 2d 846 (Barnes v. Edwards) 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.

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Barnes v. Edwards, 300 So. 2d 846, 1974 La. App. LEXIS 3295 (La. Ct. App. 1974).

Pincite

Opinion

LEMMON, Judge.

This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002.

Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts.

When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment.

The appeal is dismissed.

Appeal dismissed.

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