Midwestern Fire & Marine Insurance v. Miller

TATE, Judge.

By this motion to dismiss the appeal, the plaintiffs-appellees contend that the defendant-appellant did not timely perfect his devolutive appeal from adverse judgment. The plaintiffs-appellees contend that the appeal bond was not filed within ninety days of the court’s denial of a new trial, as required by law. LSA-C.C.P. Art. 2087.

The record shows that judgment awarding the plaintiffs damages against the defendant was signed on January 12, 1962. The defendant timely filed a motion for a new trial. A minute entry of January 29, 1962 notes: “Motion for new trial taken up and argued…