Cigali v. Kaplan

Plaintiff-appellee moved to dismiss defendant's suspensive appeal. The motion and order for the appeal were timely, but we are urged to dismiss the appeal because the bond was filed after the time allowed by law for the perfection of the suspensive appeal.

The motion to dismiss cannot avail, as it was not filed within three judicial days after the transcript was lodged with us. Code Prac. art. 886. It is well settled that where the appeal bond is not timely filed, or even where there is no appeal bond furnished, such informality or irregularity, to afford a ground for dismissal of the appeal,…