First National Bank of Commerce v. Bernard

MOTION TO DISMISS

Before SAMUEL, REDMANN and GU-LOTTA, JJ. GULOTTA, Judge.

Plaintiff-appellee, First National Bank of Commerce, has filed a supplemental motion to dismiss defendant’s devolutive appeal on the ground that it “was not timely perfected within the delay authorized by law...” In an earlier opinion denying plaintiff’s pri- or motion to dismiss,1 we noted that defendant’s petition for appeal was filed within the ten day appeal period applicable to city court judgments. Plaintiff has moved again for dismissal on the ground that although defendant’s motion was timely filed the trial…