Supreme Court of Louisiana, 1988

D'Spain v. D'Spain

D'Spain v. D'Spain
Supreme Court of Louisiana · Decided May 20, 1988 · Bond, Dixon, Invalid, Ruling
525 So. 2d 1052; 1988 La. LEXIS 1265; 1988 WL 50412 (Southern Reporter, Second Series)

D'Spain v. D'Spain

Opinion of the Court

In re James L. D’Spain, applying for rehearing of action of this Court dated April 29, 1988, 523 So.2d 1314, from the 24th Judicial District Court, Parish of Jefferson, No. 302-816; Fifth Circuit Court of Appeal, No. 88-CW-0164.

Plaintiffs application for rehearing is denied. Defendant’s request for clarification is granted. Pledge of partnership interest does not satisfy the suspensive appeal bond in this case. Defendant must file a new bond. He cannot pledge his interest in the partnership as a suspensive appeal bond. Case remanded to district court to permit defendant to file a new bond. Failure to file a bond of sufficient sum within seven (7) days will result in pending appeal becoming devolutive.

DIXON, C.J., concurs in the ruling; the second bond is invalid.

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