Supreme Court of Louisiana, 1977

South Central Bell Telephone Co. v. Westridge

South Central Bell Telephone Co. v. Westridge
Supreme Court of Louisiana · Decided March 30, 1977 · Marcus, Sanders, Summers
343 So. 2d 1064; 1977 La. LEXIS 6105 (Southern Reporter, Second Series)

South Central Bell Telephone Co. v. Westridge

Opinion of the Court

In re: Maurice Westridge applying for certiorari, or writ of review, to the Court of Appeal, 341 So.2d 1260, Fourth Circuit, Parish of Orleans.

Granted; ruling of court of appeal reversed. C.C.P. 5125; appeal reinstated and, treating the bond as one found to be invalid for lack of a surety, although signed by appellant, the court of appeal shall allow relator-appellant four days to furnish a new bond with a surety. C.C.P. 5124.

Dissenting Opinion

SUMMERS, J.,

dissents from this ex parte reversal of a final judgment without a hearing thus depriving the holder of that judgment of due process of law.

Dissenting Opinion

MARCUS, J.,

dissents from the granting of this writ. Judgment of court of appeal is correct.

Dissenting Opinion

SANDERS, C. J.,

dissents from granting of the writ. Upon the failure of the appellant to furnish security within the fixed delay, the judgment of the trial court became final. LSA-C.C.P. art. 2087, 2088.

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