Bass v. Service Pipe Trucking Co.

Louisiana Court of Appeal

Bass v. Service Pipe Trucking Co.

267 So. 2d 63, 1972 La. App. LEXIS 6876

CourtLouisiana Court of Appeal

DecidedSeptember 28, 1972

DocketNo. 4075

StatusPublished

Cited by3 cases

This text of 267 So. 2d 63 (Bass v. Service Pipe Trucking Co.) 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

Bass v. Service Pipe Trucking Co., 267 So. 2d 63, 1972 La. App. LEXIS 6876 (La. Ct. App. 1972).

Pincite

Opinion

MOTION TO DISMISS

FRUGE, Judge.

Plaintiff-appellant, Calvin Bass, has lodged a suspensive, and in the alternative, devolutive appeal from a judgment ordering him to submit to surgery for repair of a torn medial meniscus in the right knee by a surgeon of his own choosing within 45 days from the date of that judgment, or in default thereof to suffer a cessation of compensation payments being made by the defendants. Notice of judgment was served on the plaintiff’s attorney on August 18, 1972. Since the suit was filed in forma pauperis, his appeal was perfected upon obtaining the order of appeal. Defendants-appellees move here for an order dismissing the suspensive appeal and requiring appellant to post bond in order to proceed with this matter as a devolu-tive appeal.

A party proceeding in forma pauperis has the right to a devolutive ap[64]*64peal without furnishing an appeal bond, but he is not entitled to a suspensive appeal without furnishing the necessary security therefor. LSA-C.C.P. Article 5185. Insofar as the appeal purports to suspend the judgment, it must be dismissed. However, since the order granting plaintiff-appellant’s appeal in forma pauperis was signed within the delay allowed for a devolutive appeal, this appeal will be upheld as a devolutive appeal. Desormeaux v. American Mutual Liability Insurance Company, 220 So.2d 170 (La.App. 3rd Cir., 1969), writs refused 254 La. 133, 222 So. 2d 883 (1969).

Motion to dismiss suspensive appeal granted.

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MOTION TO DISMISS

FRUGE, Judge.

Plaintiff-appellant, Calvin Bass, has lodged a suspensive, and in the alternative, devolutive appeal from a judgment ordering him to submit to surgery for repair of a torn medial meniscus in the right knee by a surgeon of his own choosing within 45 days from the date of that judgment, or in default thereof to suffer a cessation of compensation payments being made by the defendants. Notice of judgment was served on the plaintiff’s attorney on August 18, 1972. Since the suit was filed in forma pauperis, his appeal was perfected upon obtaining the order of appeal. Defendants-appellees move here for an order dismissing the suspensive appeal and requiring appellant to post bond in order to proceed with this matter as a devolu-tive appeal.

A party proceeding in forma pauperis has the right to a devolutive ap[64]*64peal without furnishing an appeal bond, but he is not entitled to a suspensive appeal without furnishing the necessary security therefor. LSA-C.C.P. Article 5185. Insofar as the appeal purports to suspend the judgment, it must be dismissed. However, since the order granting plaintiff-appellant’s appeal in forma pauperis was signed within the delay allowed for a devolutive appeal, this appeal will be upheld as a devolutive appeal. Desormeaux v. American Mutual Liability Insurance Company, 220 So.2d 170 (La.App. 3rd Cir., 1969), writs refused 254 La. 133, 222 So. 2d 883 (1969).

Motion to dismiss suspensive appeal granted.

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267 So. 2d 63, 1972 La. App. LEXIS 6876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-service-pipe-trucking-co-lactapp-1972.

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