W. K. Contracting Co. v. Bauer Dredging Co.

The defendants-appellees filed a motion to dismiss plaintiff’s appeal on the basis that an appeal bond was not timely filed by the plaintiff-appellant.

The record reflects that judgment for defendant was rendered on December 12, 1969. The clerk’s certificate shows that on that same date the clerk mailed a copy of the judgment to the two attorneys for plaintiff of record. The plaintiff did not file an application for a new trial, and the delay for doing so expired on December 17, 1969. The plaintiff secured an order of devolutive appeal on March 5, 1970, but the appeal bond in the form of a…