Smith v. United Fire Insurance

ON MOTION TO DISMISS APPEAL

Before LANDRY, TUCKER and PICKETT, JJ. LANDRY, Judge.

Plaintiff (Appellee) has moved to dismiss the suspensive appeal taken herein by defendant, United Fire Insurance Co. (Appellant) for alleged failure to timely obtain an order of appeal. We deny the motion to dismiss upon finding that an order of appeal was timely filed and bond duly posted.

The circumstances leading to this motion to dismiss are undisputed. In essence, plaintiff seeks judgment against Appellant for the proceeds .of a fire insurance policy covering improvements situated on property sold by plaintiff…