Danel-Ryder, Inc. v. Van Way

WATSON, Judge.

We dismiss this appeal on our own motion, since the devolutive appeal bond was not timely filed.

Plaintiff’s motion for summary judgment was granted by the trial court and a judgment was signed September 17, 1973. A certificate of the clerk of court shows that on September 19, 1973, notice of judgment was mailed to all parties. There was no application for a new trial. On September 25, defendant’s motion for a devolutive appeal was granted conditioned upon his furnishing bond in the sum of $250. The bond was not furnished until March 15, 1974.

LSA-C.C.P. art. 2087 provides that a…