# Loyal Investment Corp. v. Danos

> Louisiana Court of Appeal · May 15, 1973 · 278 So. 2d 152

URL: https://www.frixlaw.com/law-library/cases/7455923

## Case

- **Full name:** LOYAL INVESTMENT CORPORATION v. Joseph A. DANOS, Jr.
- **Court:** Louisiana Court of Appeal
- **Decided:** May 15, 1973
- **Citations:** 278 So. 2d 152; 1973 La. App. LEXIS 6086
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Schott
- **Judges:** Gulotta, Samuel, Schott
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7455923

## Opinion text

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 Defendant-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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7455923. Public record. Not legal advice.