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London v. Bell

409 So. 2d 1315
Procedural entryThis page is a short order in London v. Bell. Read the opinion of the Court — 422 So. 2d 260 →
Louisiana Court of Appeal·Decided February 9, 1982·No. No. 13073·Published

Opinion

REDMANN, Judge.

The December 15 judgment refusing new trial recites that the application was taken under advisement on December 11 (rather than orally refused), and thus December 15 is the day from which appeal time runs. See Pepitone v. State Farm Mut. Auto. Ins. Co., 365 So.2d 1195 (La.App. 4 Cir. 1979).

That the order of appeal was not signed until the 31st day does not by itself defeat the suspensive appeal, Traigle v. Gulf Coast Alum. Corp., 399 So.2d 183 (La.1981) (reversing 391 So.2d 1290), although failure to file the suspensive appeal bond within 30 days may do so. See Home Ins. Co. v. Southern Specialty S. Co., 222 So.2d 649 (La.App. 4 Cir. 1969); but see Peters v. Life General Sec. Ins. Co., 393 So.2d 1286 (La. App. 1 Cir. 1980), writ refused 392 So.2d 1054 (and Justice Lemmon’s concurrence in refusal, id.).

Accordingly the motion to dismiss does not establish cause to dismiss this appeal as suspensive.

MOTION DENIED.

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London v. Bell, 409 So. 2d 1315 (La. Ct. App. 1982).

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Related

Traigle v. Gulf Coast Aluminum Corp.
399 So. 2d 183 (Supreme Court of Louisiana, 1981)
Peters v. Life General Security Ins. Co.
392 So. 2d 1054 (Supreme Court of Louisiana, 1981)
Peters v. LIFE GENERAL SECURITY INS. CO.
393 So. 2d 1286 (Louisiana Court of Appeal, 1980)
Home Insurance Co. v. Southern Specialty Sales Co.
222 So. 2d 649 (Louisiana Court of Appeal, 1969)
Pepitone v. State Farm Mutual Automobile Insurance
365 So. 2d 1195 (Louisiana Court of Appeal, 1979)
Traigle v. Gulf Coast Aluminum Corp.
391 So. 2d 1290 (Louisiana Court of Appeal, 1980)