Fidelity & Casualty Co. of New York v. Callicott

ELLIS, Judge.

Plaintiff is seeking to recover the alleged unpaid balance on an insurance premium. The defendant filed an exception of no cause and no right of action which was argued and submitted to the Lower Court on March 21, 1955, and on that day sustained. Without having a formal judgment signed counsel immediately moved for and was granted a devolutive appeal returnable to this court on April 6, 1955, contingent upon his furnishing bond in the sum of $50. The appeal was dismissed ex proprio motu by this court as .being premature. See 83 So.2d 671. Formal judgment was signed on the 9th…