Simon v. Smith

Louisiana Court of Appeal

Simon v. Smith

451 So. 2d 197, 1984 La. App. LEXIS 8988

CourtLouisiana Court of Appeal

DecidedJune 11, 1984

DocketNo. 84-432

StatusPublished

This text of 451 So. 2d 197 (Simon v. Smith) 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

Simon v. Smith, 451 So. 2d 197, 1984 La. App. LEXIS 8988 (La. Ct. App. 1984).

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Opinion

MOTION TO DISMISS

FORET, Judge.

Plaintiff-appellee, Virgil A. Simon, moves to dismiss the suspensive appeal of defendant-appellant, St. Frances Cabrini Hospital [198]*198of Alexandria, Ine., as not being timely perfected.

Judgment was rendered on December 1, 1983. Defendant-appellant filed a motion to appeal on January 6, 1984.

A suspensive appeal must be filed within thirty (30) days after “the expiration of the delay for a new trial, as provided by Article 1974, if no application has been filed timely.” LSA-C.C.P. Article 2123(1). Louisiana Code of Civil Procedure, Article 1974 provides that the “delay for applying for a new trial shall be seven days . this delay commences to run on the day after judgment was signed.”

In this case since the written judgment was signed on December 1, 1983; the delay for requesting a new trial commenced running on December 2, 1983 and ended seven days later (excluding Saturday & Sunday) on December 12, 1983. The period during which the suspensive appeal could be filed began running on December 13, 1983 and ended thirty (30) days later (including Saturday & Sunday) on January 11, 1984. Since the defendant-appellant filed a motion for a suspensive appeal on January 6, 1983 within the appeal delay provided by the Louisiana Code of Civil Procedure, the appeal was timely filed, and the motion to dismiss the appeal must be denied.

MOTION DENIED.

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MOTION TO DISMISS

FORET, Judge.

Plaintiff-appellee, Virgil A. Simon, moves to dismiss the suspensive appeal of defendant-appellant, St. Frances Cabrini Hospital [198]*198of Alexandria, Ine., as not being timely perfected.

Judgment was rendered on December 1, 1983. Defendant-appellant filed a motion to appeal on January 6, 1984.

A suspensive appeal must be filed within thirty (30) days after “the expiration of the delay for a new trial, as provided by Article 1974, if no application has been filed timely.” LSA-C.C.P. Article 2123(1). Louisiana Code of Civil Procedure, Article 1974 provides that the “delay for applying for a new trial shall be seven days . this delay commences to run on the day after judgment was signed.”

In this case since the written judgment was signed on December 1, 1983; the delay for requesting a new trial commenced running on December 2, 1983 and ended seven days later (excluding Saturday & Sunday) on December 12, 1983. The period during which the suspensive appeal could be filed began running on December 13, 1983 and ended thirty (30) days later (including Saturday & Sunday) on January 11, 1984. Since the defendant-appellant filed a motion for a suspensive appeal on January 6, 1983 within the appeal delay provided by the Louisiana Code of Civil Procedure, the appeal was timely filed, and the motion to dismiss the appeal must be denied.

MOTION DENIED.

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Bluebook (online)

451 So. 2d 197, 1984 La. App. LEXIS 8988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-smith-lactapp-1984.