Ellis v. Ellis

The February 23, 2005, rule issued by this court to appellant Linda Ellis to show cause why her appeal should not be dismissed is hereby recalled, and the appeal is maintained.

The issue before this court is whether the delay for perfecting an appeal from a judgment finding that Linda Ellis was not free of fault and therefore not entitled to final periodic spousal support is thirty days as provided by C.C.P. 3943 or sixty days for taking a devolutive appeal as provided by C.C.P.2087.

C.C.P. 3943 provides:- “An appeal from a judgment awarding custody, visitation, or support of a person can be…