Aetna Insurance Co. v. Robinson

SARTAIN, Judge.

This matter concerns a motion to dismiss an appeal. The salient facts are as follows: The decision of the trial court was rendered on September 23, 1966, and read and signed on September 30, 1966. On December 20, 1966, the trial court granted a devolutive appeal and set the return date as February 23, 1967. The appellant filed an appeal bond on February 23, 1967.

Article 2087 of the Code of Civil Procedure provides that the security for a devol-utive appeal must be furnished within 90 days of

‘(1) The expiration of the delay for applying for a new trial, as provided by Article…