Olinde v. 400 Group

Supreme Court of Louisiana
Olinde v. 400 Group, 650 So. 2d 239 (La. 1995)
1995 La. LEXIS 623; 1995 WL 71129
Kimball, Lemmon, Marcus, Reasons

Olinde v. 400 Group

Opinion of the Court

In re 400 Group; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 94CW-2233; Parish of Pointe Coupee, 18th Judicial District Court, Div. “D”, No. 27,859.

Writ granted. The judgment of the First Circuit Court of Appeal is reversed and the ruling of the trial court denying the motion to quash is reinstated.

MARCUS and LEMMON, JJ., concur and assign reasons. KIMBALL, J., not on panel.

Concurring Opinion

MARCUS and LEMMON, JJ.,

concurring.

The seven-day period for applying for a new trial under La.Code Civ.Proc. art. 1974 commenced on August 24, 1994 and expired on September 2 without the filing of any motion. Therefore, the thirty-day period for suspensively appealing under La.Code Civ. Prov. art. 2123 commenced on September 3. Relator’s motion on September 15 (to use pledged stock for security) was denied on September 19, but the filing of that motion after the suspensive appeal delay had already begun (on September 3) did not interrupt or suspend the running of the suspensive appeal period which expired on October 3, long before movers filed security for the suspensive appeal (on October 19).

Reference

Full Case Name
H.T. OLINDE, Jr. v. The 400 GROUP
Status
Published