Owens v. AAA Contracting Co.

ELLIS, Judge.

Judgment herein in favor of defendant was signed on November 21, 1967, and notice of judgment mailed out the same day. A devolutive appeal was granted plaintiff by order signed on February 20, 1968, and the appeal bond filed on February 23, 1968. The order of appeal was not filed in the record until March 5, 1968.

The motion to dismiss is based on the fact that the order of appeal, which was timely signed, was not filed until after the delay for appeal had run. It is undisputed that the bond was timely filed.

The applicable provisions of the Code of Civil Procedure read as follows:

A…