Robertson v. Norwood

REDMANN, Judge.

Appellee moves to dismiss this appeal on the ground that the motion for devolu-tive appeal filed February 9, 1970 and appeal bond filed March 4, 1970 were too late as an appeal from a judgment signed November 12, 1969.

The motion and bond were timely filed under LSA-C.C.P. 2087(2), because filed within 90 days of the trial court’s refusal on December 12, 1969 of a timely filed application for a new trial. That application, filed November 20, 1969, was timely under C.C.P. art. 1974 because filed within three days of a re*510quired notice of judgment which was mailed November 17,…