Colonial Pipeline Co. v. Paul

Louisiana Court of Appeal

Colonial Pipeline Co. v. Paul

342 So. 2d 1185, 1977 La. App. LEXIS 4651

CourtLouisiana Court of Appeal

DecidedFebruary 14, 1977

DocketNo. 11338

StatusPublished

This text of 342 So. 2d 1185 (Colonial Pipeline Co. v. Paul) 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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Colonial Pipeline Co. v. Paul, 342 So. 2d 1185, 1977 La. App. LEXIS 4651 (La. Ct. App. 1977).

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Opinion

COLE, Judge.

This Court, on January 7,1977, ex proprio motu, ordered the parties to show cause why the appeal should not be dismissed, an examination of the record having revealed an apparent defect in the appeal, i. e., the failure of appellants to timely file the appeal bond.

Final judgment was signed by the trial judge on June 11, 1976, the matter having [1186]*1186previously been taken under advisement. Notice of judgment was mailed on June 15, 1976. There was no application for a new trial. A devolutive appeal was granted to defendants-appellants on September 9, 1976. The appeal bond was filed October 14, 1976.

The last day for taking the devolutive appeal and furnishing security therefor was September 21, 1976. See LSA-C.C.P. arts. 1913, 1974, 2087. Accordingly, the appeal bond was not timely filed.

The jurisdiction of this Court attaches only upon the timely filing of the appeal bond. LSA-C.C.P. art. 2088; Mason v. State Farm Mutual Automobile Insurance Company, 312 So.2d 175 (La.App. 1st Cir. 1975). We are, therefore, without jurisdiction to hear the appeal and same is dismissed at appellants’ costs.

APPEAL DISMISSED.

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