Theodore v. Bank of New Orleans Trust Co.

SAMUEL, Judge.

This is a devolutive appeal taken by the plaintiffs from a judgment maintaining exceptions of no right or cause of action and dismissing their suit. The only matter before us at this time is an appellee motion to dismiss the appeal.1 The motion is jurisdictional; it is based on the allegation that the appeal was not perfected timely.

The delay for taking a devolutive appeal is controlled by LSA-C.C.P. Art. 2087, which in pertinent part reads:

“Except as otherwise provided in this Article or by other law, an appeal which does not suspend the effect or the execution of an appealable…