Winborne v. Winborne

Louisiana Court of Appeal

Winborne v. Winborne

336 So. 2d 1030, 1976 La. App. LEXIS 3922

CourtLouisiana Court of Appeal

DecidedJune 9, 1976

DocketNo. 7752

StatusPublished

This text of 336 So. 2d 1030 (Winborne v. Winborne) 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

Winborne v. Winborne, 336 So. 2d 1030, 1976 La. App. LEXIS 3922 (La. Ct. App. 1976).

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Opinions

ORDER

Ex proprio motu, we noticed the untimely filing of an appeal bond. An order was issued by this court directed to appellant to show cause why the appeal should not be dismissed. Briefs were filed in response to the order.

The judgment was rendered on October 4, 1974. No notice of judgment was mailed or was necessary. See LSA-C.C.P. art. 1913. Further, no application for new trial was filed. The petition for appeal was filed on October 17, 1974, and the appeal bond was filed on November 26, 1974.

It is apparent that the appeal bond was not filed within 30 days of the expiration of the delay for applying for a new trial. See LSA-C.C.P. arts. 3942, 3943 and 1974. In such instance, the appeal will be dismissed. See Bardon v. Ledoux, 297 So.2d 219 (La.App. 3d Cir. 1974).

Accordingly, the appeal is dismissed.

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