Loyal Investment Corp. v. Danos

Louisiana Court of Appeal

Loyal Investment Corp. v. Danos

278 So. 2d 152, 1973 La. App. LEXIS 6086

CourtLouisiana Court of Appeal

DecidedMay 15, 1973

DocketNo. 5805

StatusPublished

Cited by2 cases

This text of 278 So. 2d 152 (Loyal Investment Corp. v. Danos) 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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Loyal Investment Corp. v. Danos, 278 So. 2d 152, 1973 La. App. LEXIS 6086 (La. Ct. App. 1973).

Pincite

Opinion

SCHOTT, Judge.

ON MOTION TO DISMISS

This matter is before us on a motion filed by plaintiff-appellee to dismiss on the ground that defendant-appellant failed to file a proper appeal bond in the time provided by law.

[153]*153Defendant-appellant took a suspensive appeal on September 22, 1972, and on February 28, 1973, plaintiff-appellee filed a rule to test the surety on the suspensive appeal bond. Following a trial of the rule on March 29, 1973, the trial judge declared the bond to be insufficient. Defendant-appellant filed a new bond on April 10, 1973.

The filing of the new appeal bond was not accomplished within the four-day period established in LSA-C.C.P. Art. 5124. Accordingly, the motion to dismiss the appeal is granted. Gracianette v. Brown, La. App., 131 So.2d 838.

Accordingly, the appeal taken in this matter is hereby dismissed.

Appeal dismissed.

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