Abernathy v. Stanley A. Lafargue & Associates, Inc.

ON MOTION TO DISMISS LOTTINGER, Judge.

Defendant-appellee has moved this court to dismiss the appeal of plaintiff as not being timely.

Judgment was rendered on May 25, 1979, and read and signed on May 31, 1979. Notice of the judgment was mailed the same day. A new trial was not applied for, thus the appeal period commenced to run on June 12, 1979, and ended on August 10, 1979. La.C.C.P. arts. 1974 and 2087.

*1003The motion for appeal was filed with the clerk of the trial court on August 10, 1979; however, it was not signed until August 13, 1979. La.C.C.P. art. 2121 is clear when it in part says,…