Browne v. DeGualle Manor, Ltd.
Browne v. DeGualle Manor, Ltd.
Opinion of the Court
In re DeGualle Manor Ltd. et al.; Crisler, William J. Jr.;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, Nos. 99-18552, 99-19006, 99-19398; to the Court of Appeal, Fourth Circuit, No. 2002-C-1306.
Stay recalled; Writ denied. We find no error in the trial court’s application of La.Code Civ. P. art. 2124. Relators are granted 48 hours from the issuance of this order to post the requisite suspensive appeal bonds, should they choose to seek a suspensive appeal.
Dissenting Opinion
dissents with reasons. I would grant the writ and remand this matter to the court of appeal. LSA-C.C.P. art. 2124(C) requires the court of appeal to independently review the amount of security. Without an evaluation of factors such as the defendants’ net worth, the court of appeal abused its discretion by not ascertaining whether the amount of security in this case precludes the defendants from their opportunity for a meaningful appeal. See Modjeski & Masters v. Carter, 485 U.S. 1031, 108 S.Ct. 1590, 99 L.Ed.2d 905
Reference
- Full Case Name
- Kathy BROWNE v. DeGualle MANOR, Ltd.
- Status
- Published