Plaquemines Materials, Inc. v. Bess

DENNIS, Justice.

The single procedural issue presented by this case is whether relator’s payment of estimated court costs during the delay for taking a devolutive appeal is tantamount to the timely posting of security required by La.C.C.P. art. 2087, before its amendment effective January 1, 1978, and should have prevented the dismissal of his devolutive appeal.

At the time the appeal was dismissed in the instant case La.C.C.P. art. 2087 provided that the security for court costs of a devolutive appeal must be furnished within the same sixty-day delay provided for taking the appeal. It is…