Carriere v. Travelers Insurance Co.

GULOTTA, Judge.

This is a motion to dismiss a devolutive appeal for the reason that the appeal bond was not timely filed in accordance with LSA-C.C.P. art. 2087.

On October 26, 1970, judgment was rendered dismissing plaintiff’s suit after a hearing on a trial on the merits. A motion for new trial was denied on December 16, 1970. The minute entry on that date evidences that the motion for new trial was taken up, signed and denied. Thereafter, on February 10, 1971, a motion for devolu-tive appeal was signed, returnable in this court on April 16, 1971. Bond was set in the sum of $100.00.

It was not…