Willswood Plantation, Inc. v. Foret

BARRY, Judge.

This is an appeal by a judgment creditor seeking to hold a surety liable on its suspen-sive appeal bond.

Willswood Plantation, Inc. (Willswood) filed suit against Clarence Foret for past due rents on a lease and judgment was rendered awarding plaintiff $29,100.00 plus interest and costs. The judgment was silent as to Willswood’s right to possession of the premises. Foret filed a motion for a new trial which was denied on May 11, 1977. Notice of the denial was mailed June 21, 1977 from which appellant had thirty days to appeal suspensively.

On June 24, 1977 Foret filed a motion for…