Berthelot v. Capitol Motorcycles of Baton Rouge, Inc.

Supreme Court of Louisiana

Berthelot v. Capitol Motorcycles of Baton Rouge, Inc.

564 So. 2d 309, 1990 La. LEXIS 1532, 1990 WL 85273

CourtSupreme Court of Louisiana

DecidedJune 22, 1990

DocketNo. 90-OC-1155

StatusPublished

This text of 564 So. 2d 309 (Berthelot v. Capitol Motorcycles of Baton Rouge, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berthelot v. Capitol Motorcycles of Baton Rouge, Inc., 564 So. 2d 309, 1990 La. LEXIS 1532, 1990 WL 85273 (La. 1990).

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Opinion

In re Berthelot, Kenneth L.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 285,-755; to the Court of Appeal, First Circuit, No. CA90 0109.

Granted. Appeal is dismissed as a sus-pensive appeal. Because La.Code Civ.P. art. 2123 requires that an appellant file both an appeal and security within the delay period for suspensive appeals, the appellant’s failure to timely file a suspensive appeal bond requires the court to dismiss the suspensive appeal. Because the appeal was filed within the delay for devolutive appeals, the appeal should be treated as a devolutive appeal.

CALOGERO, C.J., and COLE, J., would deny the writ. LEMMON, J., would deny the writ and assigns reasons.

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In re Berthelot, Kenneth L.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 285,-755; to the Court of Appeal, First Circuit, No. CA90 0109.

Granted. Appeal is dismissed as a sus-pensive appeal. Because La.Code Civ.P. art. 2123 requires that an appellant file both an appeal and security within the delay period for suspensive appeals, the appellant’s failure to timely file a suspensive appeal bond requires the court to dismiss the suspensive appeal. Because the appeal was filed within the delay for devolutive appeals, the appeal should be treated as a devolutive appeal.

CALOGERO, C.J., and COLE, J., would deny the writ. LEMMON, J., would deny the writ and assigns reasons.

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Bluebook (online)

564 So. 2d 309, 1990 La. LEXIS 1532, 1990 WL 85273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berthelot-v-capitol-motorcycles-of-baton-rouge-inc-la-1990.