Bonvillian v. Lawyers Title Insurance

Supreme Court of Louisiana

Bonvillian v. Lawyers Title Insurance

266 So. 2d 450, 262 La. 1175, 1972 La. LEXIS 5256

CourtSupreme Court of Louisiana

DecidedSeptember 28, 1972

DocketNo. 52770

StatusPublished

Cited by2 cases

This text of 266 So. 2d 450 (Bonvillian v. Lawyers Title Insurance) 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

Bonvillian v. Lawyers Title Insurance, 266 So. 2d 450, 262 La. 1175, 1972 La. LEXIS 5256 (La. 1972).

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Opinion

BARHAM, J.,

is of the opinion the writ should be granted. Appellate jurisdiction under C.C.P. Art. 2162 does not and should not include that divesting of “jurisdiction of the trial court over all matters in the case” and the attaching of “that (jurisdiction) of the appellate court * * * on the timely filing of the appeal bond.” Failure to timely file the appeal bond should be simple error which when imputable to the appellant may be dismissed upon motion filed timely under C.C.P. Art. 2162. Jurisprudence to the contrary should be relaxed.

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BARHAM, J.,

is of the opinion the writ should be granted. Appellate jurisdiction under C.C.P. Art. 2162 does not and should not include that divesting of “jurisdiction of the trial court over all matters in the case” and the attaching of “that (jurisdiction) of the appellate court * * * on the timely filing of the appeal bond.” Failure to timely file the appeal bond should be simple error which when imputable to the appellant may be dismissed upon motion filed timely under C.C.P. Art. 2162. Jurisprudence to the contrary should be relaxed.

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Bluebook (online)

266 So. 2d 450, 262 La. 1175, 1972 La. LEXIS 5256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonvillian-v-lawyers-title-insurance-la-1972.

Opinion

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