Morgan v. Aetna Casualty & Surety Co.

ELLIS, Judge:

ON RULE TO DISMISS APPEAL

On April 2, 1976, summary judgment was granted dismissing plaintiff’s suit as to Aet-na Casualty & Surety Company. On June 29, 1976, plaintiff was granted a devolutive appeal to this court, returnable on July 30, 1976. On July 27, 1976, the appeal bond was filed. We issued, ex proprio motu, a rule to show cause why the appeal should not be dismissed because the appeal bond was not timely filed.

Allowing for the seven day delay for applying for a new trial provided by Article 1974 of the Code of Civil Procedure; and the 90 day delay thereafter for…