Terry v. Slidell Refrigeration & Heating, Inc.

SARTAIN, Judge.

Appellees filed a motion to dismiss the appeal in this case in the form of the peremptory exception of no right of action under Code of Civil Procedure Article 2163. This Article gives the appellate court the power to consider the peremptory exception filed for the first time in that court.

It appears that judgment in favor of defendant-appellee was signed below on February 18, 1972. Motion for a devolutive appeal was signed March 17, 1972 and the devolutive appeal bond was filed May 5, 1972.

Appellee excepts to appellant’s appeal primarily on the grounds that the appeal bond was…