Supreme Court of Louisiana, 1977

Nelson v. Newman

Nelson v. Newman
Supreme Court of Louisiana · Decided October 21, 1977 · Tate
350 So. 2d 904; 1977 La. LEXIS 6396 (Southern Reporter, Second Series)

Nelson v. Newman

Opinion of the Court

In re: Rex Nelson applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Washington. 347 So.2d 1212.

Writ denied. No error of law.

Dissenting Opinion

TATE, J.,

while the dismissal of the appeal may be correct insofar as the jurisprudence holds that timely filing of the appeal bond is jurisdictional, this jurisprudence *905should be re-evaluated in the light of its present statutory context. By this, all costs (which alone are secured by the devolutive appeal bond) were required by law to be paid in advance of the date on which the appeal (supposedly securing such costs) was to be filed. See also Messina v. Koch Industries, 273 So.2d 275 (La. 1973).

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