Nelson v. Stafford

PONDER, Judge.

Defendant appellee moves the court to dismiss the appeal of plaintiff appellant on the grounds that a suspensive appeal was granted and no bond has been timely filed.

Plaintiff is proceeding in forma pau-peris and as such is entitled to litigate without payment of costs in advance or as they accrue. However, plaintiff is entitled only to a devolutive appeal. There is no suspen-sive appeal in forma pauperis.1 Therefore, plaintiff’s suspensive appeal must be dismissed.

Although the suspensive appeal is dismissed, the appeal remains as devolutive. Allstate Ins. Co. v. La. Gas Service…