Opinion

Marcantel v. Allen Parish School Board

  • 484 So. 2d 322
  • 31 Educ. L. Rep. 332
  • 1986 La. App. LEXIS 6430
Court
Louisiana Court of Appeal
Filed
Mar 5, 1986
Status
Published
Author
Guidry
On the bench
Foret, Guidry, Knoll
Cited by
1 cases
Authority
More cited than 56.7%

The opinion

MOTION TO DISMISS

GUIDRY, Judge.

Gloria Mareantel, et al., plaintiff-appel-lees, move to dismiss the suspensive appeal of the defendant-appellant, International Indemnity Insurance Company on the grounds that the suspensive appeal bond was untimely filed.

Judgment was rendered on April 11, 1985. The requested notice of judgment was dated April 12, 1985. The defendant-appellant filed a petition and order for appeal on May 17, 1985. The appeal bond was also filed on May 17, 1985.

La.CCP article 2123 provides:

“Except as otherwise provided by law, an appeal which suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished only within thirty days of:

(1) The expiration of the delay for applying for a new trial, as provided by Article 1974, if no application has been filed timely.”

The appeal bond was filed on May 17,1985, before the delays for the filing of a suspen-sive appeal expired. The suspensive appeal has, thus, been timely perfected.

For the foregoing reasons, the motion to dismiss the appeal is denied.

MOTION DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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