Midwestern Fire & Marine Insurance v. Miller

On Application for Rehearing.

En Banc.

As stated in our original opinion, we •dismiss this appeal because it was not taken within ninety days after the trial court’s -refusal to grant a motion for a new trial, as required by Article 2087 of the LSA-Code of Civil Procedure. In his application for rehearing, able counsel for the defendant-appellant points out that the present suit was filed before January 1, 1961, the effective date of the new Code of Civil Procedure; and he contends that, therefore, the appeal is not governed by the new Code but instead by the old Code of Practice which it…