REP, Inc. v. Sciortino

PONDER, Judge.

Appellee has filed a “Motion to Dismiss Suspensive Appeal” on the ground that the suspensive appeal bond was not timely filed.

The relevant dates are:

1) Judgment rendered in open court at the conclusion of trial, August 18, 1983;

2) Judgment signed October 21, 1983;

3) Motion for appeal received by clerk of court November 30, 1983;

4) Appeal bond filed January 24, 1984;

5) Record lodged with the court, February 10, 1984;

6) Motion to dismiss filed.

Admittedly the appeal bond was not filed within the 30 day delay provided in La.C. C.P. art. 2123.1 However, the motion to dismiss was not…