First National Bank of Lafayette v. Smith

MOTION TO DISMISS

STOKER, Judge.

The plaintiff-appellee, First National Bank of Lafayette, moves to dismiss the suspensive appeal of the defendant-appellant, James R. Smith, on the grounds that the defendant has failed to file a bond for suspensive appeal within the delays required by law.

The trial court rendered judgment in favor of the plaintiff on May 28, 1985. In accordance with Louisiana Code of Civil Procedure Article 1913, the clerk of court mailed notice of the judgment on May 31, 1985. The delays for filing a motion for a new trial elapsed on June 11, 1985. Therefore, the defendant had…