Caruso v. Knauer

Louisiana Court of Appeal

Caruso v. Knauer

413 So. 2d 1330, 1982 La. App. LEXIS 7103

CourtLouisiana Court of Appeal

DecidedMarch 30, 1982

DocketNo. 13148

StatusPublished

This text of 413 So. 2d 1330 (Caruso v. Knauer) 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

Caruso v. Knauer, 413 So. 2d 1330, 1982 La. App. LEXIS 7103 (La. Ct. App. 1982).

Pincite

Opinion

SCHOTT, Judge.

On our own motion we questioned jurisdiction over this appeal because it appeared it was taken untimely.

The following chronology is pertinent:

July 17,1981 Judgment signed

July 28,1981 Last day for filing application for new trial — C.C.P. Arts. 1973-1974

August 27,1981 Last day to appeal — C.C.P. Art. 3943

October 6,1981 Appeal taken

[1331]*1331Although appellant filed a motion for new trial (rehearing) on August 7,1981, this did not toll the applicable delay for taking the appeal because it was filed beyond the last day permitted under C.C.P. Arts. 1973 and 1974. McQuillin v. Ezernack, 331 So.2d 125 (La.App. 3rd Cir. 1976); Baldo v. Thibodeaux, 295 So.2d 866 (La.App. 4th Cir. 1974).

Accordingly, the appeal is dismissed.

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