Gates v. Gates

Louisiana Court of Appeal

Gates v. Gates

341 So. 2d 574, 1977 La. App. LEXIS 4275

CourtLouisiana Court of Appeal

DecidedJanuary 3, 1977

DocketNo. 13178

StatusPublished

Cited by1 cases

This text of 341 So. 2d 574 (Gates v. Gates) 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

Gates v. Gates, 341 So. 2d 574, 1977 La. App. LEXIS 4275 (La. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

After a preliminary review of the record this court notified appellant, through counsel, of a probable lack of jurisdiction due to failure of the appellant to timely perfect the appeal and ordered the appellant to show cause within ten days why the appeal should not be dismissed. Appellant’s response conceded that under the uniform jurisprudence in this state this court lacks jurisdiction in the instant case.

The judgment denying appellant a separation was signed and filed on September 9, 1976. Notice of judgment was not required and there was no application for a new trial. The appeal bond was not filed until November 9,1976, after the thirty-day period for perfecting the appeal had expired. See LSA-C.C.P. Art. 3942. Since the appeal was not timely perfected, it is dismissed at appellant’s costs.

Appeal dismissed.

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PER CURIAM.

After a preliminary review of the record this court notified appellant, through counsel, of a probable lack of jurisdiction due to failure of the appellant to timely perfect the appeal and ordered the appellant to show cause within ten days why the appeal should not be dismissed. Appellant’s response conceded that under the uniform jurisprudence in this state this court lacks jurisdiction in the instant case.

The judgment denying appellant a separation was signed and filed on September 9, 1976. Notice of judgment was not required and there was no application for a new trial. The appeal bond was not filed until November 9,1976, after the thirty-day period for perfecting the appeal had expired. See LSA-C.C.P. Art. 3942. Since the appeal was not timely perfected, it is dismissed at appellant’s costs.

Appeal dismissed.

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Bluebook (online)

341 So. 2d 574, 1977 La. App. LEXIS 4275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-gates-lactapp-1977.

Opinion

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