Legal Opinion
Langston v. Willis
Louisiana Court of Appeal
Decided November 2, 1965No. 2080PublishedCited by 5 opinions
1Opinion of the Court
YARRUT, Judge.
This is a motion to dismiss an appeal because Defendant filed his appeal bond one day too late. Plaintiff relies on LSA-C.C. P. art. 2087 which provides that a devolu-tive appeal must be taken and the security furnished therefor within 90 days after the expiration of the delay for applying for a new trial when no application for a new trial has been filed.
Under LSA-C.C.P. art. 1974, the delay for applying for a new trial is three days, exclusive of holidays. Because the Defendant was personally served, the delay commenced to run the day after the default judgment was signed.…
2Cases cited2 opinions
- Britt v. BrocatoLouisiana Court of Appeal · 1965
- Danna v. Yazoo M v. R. Co.Louisiana Court of Appeal · 1934
3Cited by5 opinions
- Pan American Petroleum Corporation v. CocrehamSupreme Court of Louisiana · 1968
- Loftin v. KnostLouisiana Court of Appeal · 1967
- Succession of JacksonLouisiana Court of Appeal · 1967
- Bergeron v. Oil Field Specialties, Inc.Louisiana Court of Appeal · 1968
- Danel-Ryder, Inc. v. Van WayLouisiana Court of Appeal · 1974