American Fidelity Fire Insurance v. Binnings Construction Co.

GULOTTA, Judge.

Binnings Construction Company, Inc., and Harol, Inc., have filed a motion to dismiss the appeal of American Fidelity Fire Insurance Company on the ground that the appellant obtained an order for a suspen-sive appeal only, and failed to perfect that appeal timely by not filing an appeal bond in accordance with LSA-C.C.P. art. 2123 which states:

“Except as otherwise provided by law, an appeal which suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, only within fifteen days of:

“(1) The expiration of the delay…