Berthelot v. Capitol Motorcycles of Baton Rouge, Inc.

Supreme Court of Louisiana June 22, 1990

Berthelot v. Capitol Motorcycles of Baton Rouge, Inc., 564 So. 2d 309 (La. 1990)

1990 La. LEXIS 1532; 1990 WL 85273

Calogero, Cole, Deny, Lemmon, Reasons, Writ

Opinion of the Court

In re Berthelot, Kenneth L.; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 285,-755; to the Court of Appeal, First Circuit, No. CA90 0109.

Granted. Appeal is dismissed as a sus-pensive appeal. Because La.Code Civ.P. art. 2123 requires that an appellant file both an appeal and security within the delay period for suspensive appeals, the appellant’s failure to timely file a suspensive appeal bond requires the court to dismiss the suspensive appeal. Because the appeal was filed within the delay for devolutive appeals, the appeal should be treated as a devolutive appeal.

CALOGERO, C.J., and COLE, J., would deny the writ. LEMMON, J., would deny the writ and assigns reasons.

Reference

Full Case Name: Kenneth L. BERTHELOT v. CAPITOL MOTORCYCLES OF BATON ROUGE, INC.
Status: Published