Barbato, Super & Robinson, Inc. v. Cooper
Barbato, Super & Robinson, Inc. v. Cooper
Opinion of the Court
ON RULE TO SHOW CAUSE
This matter is before us on our ex proprio motu rule to show cause why this appeal should not be dismissed.
Defendant’s suspensive appeal, timely taken to the district court in 1978, was heard by that court on January 31,1980 and on that date judgment was rendered affirming the judgment of the city court. Defendant then took this suspensive appeal to this court.
Appellant contends that since the matter was heard by the district court after the effective date of the change in C.C.P. Art. 5001, his appeal to this court is proper. We do not agree.
The district court was the only appellate authority to which the 1978 appeal could have been taken and that court had jurisdiction to hear the same. Act 46 of 1979 has reference only to the court to which an appeal “shall be taken”; it does not deprive the district court of jurisdiction to hear the appeal which was taken properly and timely to that court; and the appeal to the district court was the only one appellant was entitled to take.
For the reasons assigned, the appeal is dismissed.
APPEAL DISMISSED.
. See Caire v. Stassi, La., 379 So.2d 1056; Kao v. McKenzie, La.App., 385 So.2d 423; Crain v. Dearmond’s, La.App., 369 So.2d 1171.
. Article 5, Section 10, of the 1974 Louisiana Constitution.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.