Davis v. Bowman

ON MOTION TO DISMISS

MORIAL, Judge.

Appellees moved to dismiss this appeal based upon the filing by the appellants of an appeal bond which does not contain the signature or signed affidavit of the personal surety. See LSA-C.C.P. Article 5122.

LSA-C.C.P. Article 5123 establishes the procedure for testing the validity of an appeal bond in the trial court in which the proceeding was brought. See Reid v. Blanke, La.App., 200 So.2d 132 (1967). Further, under LSA-C.C.P. Article 2088(5) the trial court retains jurisdiction to test the invalidity of an appeal bond. The dismissal of an appeal based upon…