Killeen v. Jenkins

| iFITZSIMMONS, Judge,

dissenting with reasons.

I respectfully disagree with my colleagues’ legal conclusion that a devolutive appeal from an injunction requires the filing of an appeal bond. The 1977 amendment to La. C.C.P. art. 2124 eliminated the necessity of a bond to cover costs for a devolutive appeal. This amendment, which was enacted more recently than the dictates of La.C .C.P. art. 3612 on which the majority relies, effectively removed the requirement of posting a bond in order to pursue a devolutive appeal under La. C.C.P. art. 3612.

In reviewing this issue, the third circuit cogently…