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Tadlock v. W. H. Hodges Co., Inc.

Court of Appeal of Louisiana, Third Circuit
Apr 5, 1978
357 So. 2d 1268 (La. Ct. App. 1978)

Opinion

No. 6538.

April 5, 1978.

APPEAL FROM 9TH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE JULES L. DAVIDSON, JR., J.

Wm. Henry Sanders, Jena, Edward A. Kaplan, Eugene P. Cicardo, Alexandria, for plaintiff-appellant.

Gist, Methvin Trimble, H.B. Gist, Jr., Alexandria, for defendant-appellee.

Before GUIDRY, FORET and CUTRER, JJ.


MOTION TO DISMISS

We issued, ex proprio motu, a rule to show cause why plaintiff-appellant's appeal in this matter should not be dismissed due to her failure to timely file an appeal bond. Plaintiff-appellant has answered the rule.

We dismiss the appeal.

The trial court granted a motion for summary judgment in favor of defendant on October 27, 1977, and notice of judgment was mailed by the clerk of court on the same day.

A summary judgment is a final, appealable judgment. LSA-C.C.P. Art. 968. Since a new trial was not applied for, appellant had until January 9, 1978, within which to perfect her devolutive appeal. LSA-C.C.P. art. 2087. Plaintiff-appellant timely obtained an order of appeal on December 13, 1977. However, since the appeal bond was not filed until January 17, 1978, the appeal is untimely and must therefore be dismissed. Act 176 of 1977, eliminating the requirement of security for a devolutive appeal, applies only the appeals in which the order of appeal is granted on or after January 1, 1978. See Robbins v. Estate of Camille Bordelon, 356 So.2d 113 (La.App. 3rd Cir. 1978).

For the reasons assigned, plaintiff-appellant's appeal is dismissed at her cost.

APPEAL DISMISSED.


Summaries of

Tadlock v. W. H. Hodges Co., Inc.

Court of Appeal of Louisiana, Third Circuit
Apr 5, 1978
357 So. 2d 1268 (La. Ct. App. 1978)
Case details for

Tadlock v. W. H. Hodges Co., Inc.

Case Details

Full title:CAROLYN TADLOCK, PLAINTIFF-APPELLANT, v. W. H. HODGES COMPANY, INC.…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Apr 5, 1978

Citations

357 So. 2d 1268 (La. Ct. App. 1978)

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