Soileau v. Tri-State Mutual Insurance Co.

*717(ON MOTION TO DISMISS APPEAL)

En Banc.

SAVOY, Judge.

A final judgment was rendered against defendant on March 14, 1967. Said judgment was read aloud and signed in open court on the same date. On June 28, 1967, defendant applied for a suspensive and de-volutive appeal to this Court. The order of appeal was signed by the district judge on June 29, 1967. The appeal was filed in this Court on August 16, 1967. On the same date appellee filed a motion to dismiss the appeal for the reason that appellant had not timely applied for a suspensive and a de-volutive appeal.

LSA-C.C.P. article 2123 provides:

“Ex…