Supreme Court of Louisiana, 1993

Cooper v. Sams

Cooper v. Sams
Supreme Court of Louisiana · Decided September 24, 1993 · Dennis
624 So. 2d 1210; 1993 La. LEXIS 2596; 1993 WL 377477 (Southern Reporter, Second Series)

Cooper v. Sams

Opinion of the Court

In re Louisiana Patient’s Comp. Fund;— Defendant(s); applying for supervisory and/or remedial writs; Parish of Rapides, Ninth Judicial District Court, Div. “B”, No. 156,415; to the Court of Appeal, Third Circuit, No. CW93-0001.

Granted. The judgment of the court of appeal dismissing Patient’s Compensation Fund’s suspensive appeal and converting the suspensive appeal without bond to a devolu-tive appeal is reversed. The district court judgment granting a suspensive appeal without bond is reinstated. Judicial notice is taken of Act 560, effective August 15, 1993, which dispenses with the need for Patient’s Compensation Fund to post a bond in connection with a suspensive appeal. The statute is applicable on and after August 15, 1993, to judgments on which there has not been execution. The right to collect on a nonfinal judgment which is subject to being executed is not a substantive right that is perpetuated beyond the effective date of the change in the law.

DENNIS, J., not on panel.

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