Louisiana Court of Appeal, 1976

South Central Bell Telephone Co. v. Westridge

South Central Bell Telephone Co. v. Westridge
Louisiana Court of Appeal · Decided December 22, 1976 · Beer, Lemmon, Redmann
341 So. 2d 1260; 1976 La. App. LEXIS 3613 (Southern Reporter, Second Series)

South Central Bell Telephone Co. v. Westridge

Opinion of the Court

LEMMON, Judge.

On our own motion we issued a rule to show cause why appellant’s devolutive appeal should not be dismissed because of the absence of a surety on the appeal bond filed in the record. Appellant, appearing in proper person, responded that (1) he has tried every listed bonding company but has not been able to obtain a bond because he is not an attorney and (2) that he is capable of furnishing “collateral”, but does not feel “he should be requested to do so.”

An appeal bond without a surety is no security. C.C.P. art. 2087 requires that an appeal must be taken and security therefor furnished within the prescribed delay. Accordingly, when the time elapsed without security being furnished, the. judgment of the trial court became definitive. C.C. art. 3556(31); C.C.P. art. 1842.

The appeal is dismissed.

APPEAL DISMISSED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.