Oliver v. Milliken & Farwell, Inc.

PONDER, Judge.

On June 9, 1977, the trial court signed a judgment accepting a survey report and map on some undivided alluvion. Willie Davis, a defendant, filed a motion for a new trial on June 20. Daniel A. Oliver, plaintiff, filed a similar motion on June 22, and then filed an appeal and bond on July 18. Milliken and Farwell, Inc., a defendant, moves to dismiss plaintiff’s appeal as being premature.

We dismiss.

The motion for a new trial filed by Davis was timely. While there is some divergence of jurisprudence, we agree with the statement in Thibodeaux v. Lock Clinic, 322 So.2d 805 (La.App.,…