Legal Opinion

Martin v. Freiberger

Louisiana Court of Appeal

Decided June 26, 2002No. 02-CA-188PublishedCited by 8 opinions

1Opinion of the Court

J^THOMAS F. DALEY, Judge.

Plaintiff Lee Martin appeals the trial court’s grant of a Motion for Summary Judgment in favor of defendant, Deer-brook Insurance Company, finding a valid U/M waiver. We dismiss this appeal as untimely.

The judgment appealed was granted on September 28, 2001, with notice of signing of judgment on October 1, 2001. Plaintiff did not file his notice of appeal until December 14, 2001, which time period is greater than seven days (delay for applying for a new trial of LSA-C.C.P. art. 1974) plus 60 days from the date of the judgment for a devolutive appeal, as per LSA-C.C.P.…

2Cases cited4 opinions

  1. Baton Rouge Bank & Trust Co. v. ColemanSupreme Court of Louisiana · 1991
  2. State Farm Mutual Automobile Insurance Co. v. JimenezLouisiana Court of Appeal · 1999
  3. Jim & Lu Enterprises, Inc. v. ABC BOARDLouisiana Court of Appeal · 2000
  4. State ex rel. A.S.K.Louisiana Court of Appeal · 2000

3Cited by8 opinions

  1. Harper v. EschenaziLouisiana Court of Appeal · 2004
  2. Hancock Bank of Louisiana v. 3429 H, LLCLouisiana Court of Appeal · 2016
  3. Parish of Jefferson v. McGeeLouisiana Court of Appeal · 2011
  4. Davis v. CarawayLouisiana Court of Appeal · 2014
  5. Interdictions of Milton E. Cotaya, Jr. and Edna B. CotayaLouisiana Court of Appeal · 2023

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