Broda v. Jack Sutton Co.

REDMANN, Chief Judge.

On defendant’s motion to dismiss plaintiff’s suspensive appeal from a ruling compelling plaintiff’s deposition, we elected to treat the appeal as an application for review which we granted. We now reverse.

Preliminarily we note that, if this were an appeal of a final judgment of the city court, it would be untimely because not moved within the delay after judgment specified by C.C.P. 5003 A. (Art. 5003 B’s extended delay period, running from refusal of a timely application for new trial, would not be applicable because plaintiff’s application for new trial, made after the…