Letulle v. S & E Oil Co.

DOUCET, Judge.

MOTION TO DISMISS

The plaintiff-appellee, Agnes Burcker Le-tulle moves to dismiss the suspensive appeal of the defendant-appellant, S & E Oil Company on the grounds that the suspensive appeal was not timely perfected.

The suspensive appeal was filed by S & E Oil Company from a money judgment rendered against it and signed on May 2, 1979.

Under the terms of LSA-C.C.P. Article 2123, a suspensive appeal may be taken and the required security furnished only within 30 days of the expiration of the delay for applying for a new trial, if no application for a new trial is filed. LSA-C.C.P.…