J. I. Case Co. v. Aplin

ON MOTION TO DISMISS APPEAL

En Banc.

This case is before us now on a motion filed by defendant, Marvin I. Aplin, to dismiss the appeal which was taken by plaintiff, J. I. Case Company. The sole ground urged by the defendant-mover is that the appeal was not taken within the 90-day delay allowed by LSA C.C.P. Art. 2087.

The record shows that judgment was rendered by the trial court on February 9, *6461970. Neither party filed a motion for a new trial. Plaintiff obtained an order for a devolutive appeal on May 14, 1970, and an appeal bond apparently was filed on the same day.

The appeal would have…