Cotaya v. Louisiana Health Service & Indemnity Co.

ON MOTION TO DISMISS

This matter is before us on a motion to dismiss the appeal, initially raised by this Court and reurged by appellee by a memorandum in support of the Court’s motion:

On November 23, 1977 the trial court sustained an exception of no cause of action. Under Code of Civil Procedure Articles 1974 and 2087 appellants could have perfected a devolutive appeal by January 31, 1978. A motion for a devolutive appeal was signed on December 15, 1977. No appeal bond, however, was ever filed. On February 15, 1978 the appeal order was amended so as to eliminate the appeal bond, but of course…