Southern Mosaic Tile, Inc. v. Alessi

CHIASSON, Judge.

Southern Mosaic Tile, Inc., plaintiff-ap-pellee, has moved to dismiss the suspensive appeal on the ground that no timely appeal bond was filed by the defendant-appellant, Marion J. Alessi d/b/a Alessi. Appellant has answered the motion asking that the appeal be maintained as devolutive.

Judgment was rendered by the trial court and notice was issued on March 11, 1981. The order of appeal and the notice of appeal were signed and issued on April 9, 1981.

Appellant did not apply for a new trial and the delay expired on March 20, 1981. La.C.C.P. Art. 1974. The delay for obtaining a…