Theriot v. Willis

SAVOIE, Judge.

Plaintiff-Movant, Nugier Theriot, seeks to have the suspensive appeal of defendants dismissed because of their failure to furnish a security appeal bond. Movant contends that a certificate of deposit filed by defendant does not meet the requirements of a bond as set forth under La.C. C.P. art. 2124.1 Defendants argue that the trial court should be the proper forum to address the issue.

In support of the Motion to Dismiss, movant relies on the case of Guilliot v. City of Kenner, 326 So.2d 359 (La.1976). In that case, the Supreme Court stated:

“While the appellate court does not…