Frank v. Travelers Insurance Co.

MILLER, Judge.

Plaintiff appellee Prosper Frank, Jr. moves to dismiss the appeal of defendant appellant The Travelers Insurance Company contending appellant failed to perfect their devolutive appeal by timely posting the appeal bond. We dismiss the appeal.

The trial court judgment was signed April 24, 1975 and notices of judgment were mailed to the parties that same date. Travelers was granted a devolutive appeal on July 8, 1975 conditioned on their filing a $1,000 appeal bond. The appeal bond was filed August 16, 1975.

Since Travelers did not apply for a new trial, the delays for perfecting the…