Louisiana Court of Appeal, 1972

Guerin v. Frankowski

Guerin v. Frankowski
Louisiana Court of Appeal · Decided October 6, 1972 · Lemmon, Redmann, Stoulig
269 So. 2d 833; 1972 La. App. LEXIS 6921 (Southern Reporter, Second Series)

Guerin v. Frankowski

Opinion of the Court

ON MOTION TO DISMISS

LEMMON, Judge.

On our own motion, we dismiss the appeal. The following dates in 1971 are pertinent :

June 23, Judgment read, rendered and signed

*834June 25, Notice of Judgment mailed

August 6, Motion for appeal filed

October 22, Appeal bond filed.

Since no application for a new trial was timely filed, the delay for taking a devolu-tive appeal began to run upon the expiration of the delay for applying for a new trial. C.C.P. art. 2087(1). Thereafter, the appeal was not taken “and the security therefor furnished” within ninety days, C.C.P. art. 2087, and the judgment became definitive, C.C.P. art. 1842; C.C. art. 3556 (31).

The appeal is dismissed as untimely filed.

Appeal dismissed.

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