E. D. Haber Heating & Air Conditioning, Inc. v. Koppenal

PONDER, Judge.

Appellee moved to dismiss the appeal on the grounds that it was untimely.

The timeliness of the appeal is the sole issue. We deny the motion.

Trial on the merits was had September 22, 1980. On October 7, judgment was signed. A motion for a new trial was denied on October 14. Defendant filed the motion for appeal December 12, within the time limits prescribed by C.C.P. Art. 2087.1

The order of appeal, however, was not signed until December 16, after the delays for a devolutive appeal had run.

Appellee argues that under LSA-C.C.P. Art. 2121,2 an order of appeal must be signed within…