C/M of Baton Rouge, Inc. v. Murray

Louisiana Court of Appeal

C/M of Baton Rouge, Inc. v. Murray

315 So. 2d 336, 1975 La. App. LEXIS 3901

CourtLouisiana Court of Appeal

DecidedJune 30, 1975

DocketNo. 10374

StatusPublished

Cited by1 cases

This text of 315 So. 2d 336 (C/M of Baton Rouge, Inc. v. Murray) 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.

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C/M of Baton Rouge, Inc. v. Murray, 315 So. 2d 336, 1975 La. App. LEXIS 3901 (La. Ct. App. 1975).

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Opinion

SARTAIN, Judge.

This is a suit to enforce the terms of a private employment agency contract. After trial on the merits, judgment was rendered on October 30, 1974 in favor of the defendant, from which judgment plaintiff appeals. However, we note on our own motion that plaintiff failed to file its appeal bond timely. Accordingly, this court is without jurisdiction and the appeal must be dismissed.

The record reflects that judgment was read and signed on December 3, 1974. Notice of the signing of judgment was mailed to counsel of record for both parties on December 3, 1974 as required by C.C.P. Art. 1913.

The delay for applying for a new trial therefore commenced to run on December 4, 1974 and expired seven legal days thereafter, or December 12, 1974. C.C.P. Art. 1974. (Act 520 of 1974).

The delay for taking a devolutive appeal therefore began to run on December 13, 1974 and plaintiff had a period of ninety days from this date in which to perfect its appeal or until March 12, 1975. Plaintiff’s appeal bond was not filed until March 21, 1975. C.C.P. Art. 2087. Aetna Insurance Co., et al. v. Robinson, 199 So.2d 369 (1 La.App., 1967).

Therefore, plaintiff’s appeal is hereby dismissed at its costs.

Appeal dismissed.

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