Barnes v. Edwards

Louisiana Court of Appeal
Barnes v. Edwards, 300 So. 2d 846 (1974)
1974 La. App. LEXIS 3295
Lemmon, Redmann, Schott

Barnes v. Edwards

Opinion of the Court

LEMMON, Judge.

This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002.

Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts.

When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment.

The appeal is dismissed.

Appeal dismissed.

Reference

Full Case Name
Johnnie BARNES v. August EDWARDS
Cited By
1 case
Status
Published