Louisiana Court of Appeal, 1993

Thomas v. Insurance Corp. of America

Thomas v. Insurance Corp. of America
Louisiana Court of Appeal · Decided March 11, 1993 · Marvin, Sexton, Victory
613 So. 2d 1172; 1993 La. App. LEXIS 1195; 1993 WL 70935 (Southern Reporter, Second Series)

Thomas v. Insurance Corp. of America

Opinion of the Court

ORDER

We herewith deny the motion of Louisiana Patient’s Compensation Fund to allow this suspensive appeal without security and to withdraw the previously posted security. Jurisdiction to test the solvency of or consider objections to the form, substance, and sufficiency of the appeal bond remains in the trial court after appellate jurisdiction attaches. C.C.P. Art. 2088(5). The party desiring to test the validity of the appeal bond should seek that relief in the trial court. See Sayyah v. Doumani, 521 So.2d 715 (La.App. 1st Cir. 1988); Dolhonde v. Dolhonde, 345 So.2d 596 (La.App. 1st Cir. 1977).

On proper motion, the trial court should determine whether LPCF is exempt from posting a suspensive appeal bond under L.R.S. 13:4581 and to address whether the security posted may be withdrawn during the pendency of this appeal. The processing of this appeal shall not be delayed pending resolution in the trial court. C.C.P. Art. 2164.

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