Recatto v. Hartford Accident & Indemnity Co.

MOTION TO DISMISS

ELLIS, Judge.

Because an examination of this record revealed an apparent jurisdictional defect, we issued a rule to show cause why this appeal should not be dismissed.

The final judgment herein in favor of defendant and against plaintiff was signed on May 14, 1971, and application for new trial was denied on June 25, 1971, without being taken under advisement by the court. On September 13, 1971, plaintiff moved for a devolutive appeal, and the return day was fixed for November 2, 1971. The bond for the appeal was not filed until November 2, 1971, which is well over 90 days from…