First National Bank of Commerce v. Bernard

GULOTTA, Judge.

Plaintiff-appellee, First National Bank of Commerce, has filed a motion to dismiss defendant’s devolutive appeal on the ground that it “was not perfected within the delay authorized by law... . ”

Defendant represented himself in proper person in this suit in city court on a promissory note. Judgment on the merits was rendered in favor of plaintiff on July 9, 1980. Defendant applied for a new trial on July 14, 1980. The petition for appeal was filed on November 21, 1980.

The order denying the motion for a new trial was signed on September 2, 1980 and recites that the matter came…