Campo v. N. Cefalu Co.

Louisiana Court of Appeal

Campo v. N. Cefalu Co.

219 So. 2d 223, 1969 La. App. LEXIS 5359

CourtLouisiana Court of Appeal

DecidedJanuary 27, 1969

DocketNo. 7528

StatusPublished

This text of 219 So. 2d 223 (Campo v. N. Cefalu 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

Campo v. N. Cefalu Co., 219 So. 2d 223, 1969 La. App. LEXIS 5359 (La. Ct. App. 1969).

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Opinion

BAILES, Judge.

This is an action by a minority stockholder in a family corporation, N. Cefalu Company, Inc., to place the corporation in receivership under the provisions of LSA-R.S. 12:751 et seq. The matter was tried on the merits and submitted on briefs. On November 28, 1967, judgment was rendered in favor of the defendant corporation and against plaintiff, rejecting and dismissing her demands at her costs. This [224]*224judgment was read and signed on the 15th day of February, 1968, and notice was mailed the same day. Plaintiff moved for and was granted an appeal on March 11, 1968, and filed the requisite bond on April 1, 1968.

This appeal is not timely. We note this defect ex proprio motu and dismiss the appeal. Appeals from judgments appointing or refusing to appoint receivers to corporations must be taken and perfected within 10 days from the entry of the order. LSA-R.S. 12:755; Stringer v. Consumers Credit Corporation, La.App., 97 So.2d 453. See also, Comments, LSA-C.C.P. Article 2086. Plaintiff’s appeal herein was not taken until 25 days after the judgment refusing to appoint a receiver was signed and was not perfected until after the elapse of 46 days.

Appeal dismissed.

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BAILES, Judge.

This is an action by a minority stockholder in a family corporation, N. Cefalu Company, Inc., to place the corporation in receivership under the provisions of LSA-R.S. 12:751 et seq. The matter was tried on the merits and submitted on briefs. On November 28, 1967, judgment was rendered in favor of the defendant corporation and against plaintiff, rejecting and dismissing her demands at her costs. This [224]*224judgment was read and signed on the 15th day of February, 1968, and notice was mailed the same day. Plaintiff moved for and was granted an appeal on March 11, 1968, and filed the requisite bond on April 1, 1968.

This appeal is not timely. We note this defect ex proprio motu and dismiss the appeal. Appeals from judgments appointing or refusing to appoint receivers to corporations must be taken and perfected within 10 days from the entry of the order. LSA-R.S. 12:755; Stringer v. Consumers Credit Corporation, La.App., 97 So.2d 453. See also, Comments, LSA-C.C.P. Article 2086. Plaintiff’s appeal herein was not taken until 25 days after the judgment refusing to appoint a receiver was signed and was not perfected until after the elapse of 46 days.

Appeal dismissed.

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219 So. 2d 223, 1969 La. App. LEXIS 5359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campo-v-n-cefalu-co-lactapp-1969.

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