Cobb v. Guaranty Bank & Trust Co. of Morgan City

CRAIN, Judge.

Defendants primarily contend this appeal should be dismissed because plaintiff failed to file into the record the order granting his motion for appeal until after the appeal delay had expired. They also urge dismissal of the appeal on the grounds they were not notified of the appeal until after the expiration of the delay.

Louisiana Code of Civil Procedure Article 2121 provides an appeal is taken by obtaining an order therefor, within the delay allowed, from the court which rendered the judgment. In the present case, plaintiff obtained an order of appeal within the devolutive…