Davis v. Bowman

Louisiana Court of Appeal

Davis v. Bowman

334 So. 2d 705, 1976 La. App. LEXIS 3400

CourtLouisiana Court of Appeal

DecidedJune 30, 1976

DocketNo. 7779

StatusPublished

Cited by1 cases

This text of 334 So. 2d 705 (Davis v. Bowman) 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

Davis v. Bowman, 334 So. 2d 705, 1976 La. App. LEXIS 3400 (La. Ct. App. 1976).

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Opinion

ON MOTION TO DISMISS

MORIAL, Judge.

Appellees moved to dismiss this appeal based upon the filing by the appellants of an appeal bond which does not contain the signature or signed affidavit of the personal surety. See LSA-C.C.P. Article 5122.

LSA-C.C.P. Article 5123 establishes the procedure for testing the validity of an appeal bond in the trial court in which the proceeding was brought. See Reid v. Blanke, La.App., 200 So.2d 132 (1967). Further, under LSA-C.C.P. Article 2088(5) the trial court retains jurisdiction to test the invalidity of an appeal bond. The dismissal of an appeal based upon the invalidity of the appeal bond is prohibited unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond. See LSA-C.C.P. Articles 5124, 5125 and 5126. Furthermore, the record contains an amended and supplemental appeal bond that meets the requirements of LSA-C.C.P. Article 5122.

For the foregoing reasons the motion to dismiss the appeal is denied at movers’ costs.

MOTION DISMISSED.

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ON MOTION TO DISMISS

MORIAL, Judge.

Appellees moved to dismiss this appeal based upon the filing by the appellants of an appeal bond which does not contain the signature or signed affidavit of the personal surety. See LSA-C.C.P. Article 5122.

LSA-C.C.P. Article 5123 establishes the procedure for testing the validity of an appeal bond in the trial court in which the proceeding was brought. See Reid v. Blanke, La.App., 200 So.2d 132 (1967). Further, under LSA-C.C.P. Article 2088(5) the trial court retains jurisdiction to test the invalidity of an appeal bond. The dismissal of an appeal based upon the invalidity of the appeal bond is prohibited unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond. See LSA-C.C.P. Articles 5124, 5125 and 5126. Furthermore, the record contains an amended and supplemental appeal bond that meets the requirements of LSA-C.C.P. Article 5122.

For the foregoing reasons the motion to dismiss the appeal is denied at movers’ costs.

MOTION DISMISSED.

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Bluebook (online)

334 So. 2d 705, 1976 La. App. LEXIS 3400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-bowman-lactapp-1976.

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