Dickerson v. Hudson
Cases that cite this one
19 later published cases cite this decision.
- Piper v. Central Louisiana Electric Co. (La. Ct. App. 1989)
- Great American Insurance Companies v. East (La. Ct. App. 1972)
- Dounson v. Faia (La. Ct. App. 1971)
- Moon v. Moon (La. Ct. App. 1970)
- Michigan Wisconsin Pipe Line Co. v. Guarisco Enterprises, Inc. (La. Ct. App. 1970)
- Smith v. United States Fidelity & Guaranty Co. (La. Ct. App. 1970)
- Sims v. Louisiana Private Schools, Inc. (La. Ct. App. 1969)
- LaRose v. LaRose (La. Ct. App. 1968)
- McCrory v. Link Belt Co. (La. Ct. App. 1967)
- Aetna Insurance Co. v. Robinson (La. Ct. App. 1967)
- Britt v. Brocato (La. Ct. App. 1965)
- Orrell v. Southern Farm Bureau Casualty Insurance (La. 1965)
- Armant v. Miljak (La. Ct. App. 1960)
- Thompson v. Bamburg (La. 1957)
- Kotteman v. Grevemberg (La. 1957)
- City of Baton Rouge v. Kiper (La. Ct. App. 1957)
- Schouest v. Loewenthal (La. Ct. App. 1952)
- Fisher v. International Brotherhood of Electrical Workers, Local No. B-130 (La. 1950)
- Arnold v. Arnold (La. 1950)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff and appellee has moved to dismiss this appeal on the ground that the appellant has failed to perfect it within one year after the judgment was signed by the timely filing of the appeal bond fixed by the judge. The judgment appealed from was rendered, read and signed in open court on July 8th, 1941. A devolutive appeal was applied for on June 23, 1942, and an order granting the appeal and fixing the bond was signed on that day. However, the appeal was not perfected by the filing of the bond until July 25, 1942, or over one year after the rendition and signing of the judgment.
It is the established jurisprudence of this State that “The time limit of one year, allowed by article 593 of the Code of Practice, for the taking of a devolutive appeal, is the limit of time in which the taking of the appeal must be completed by the filing of the appeal bond, in cases where a bond is required by law and by the order granting 1;he appeal, * * * See Mount Olive Baptist Church v. New Zion Baptist Church, 198 La. 896, 5 So.2d 144, and authorities there cited.
It is, therefore, obvious in this case that, since the appeal was not perfected by *917 the filing of bond within the year elapsing from the finality of the judgment below, this court is without jurisdiction to entertain the proceeding.
For the reasons assigned, the appeal is dismissed at appellant’s cost.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.