Carmadelle v. Urrate

Decision Date02 May 1978
Docket NumberNo. 9408,9408
Citation359 So.2d 708
PartiesNathan L. CARMADELLE v. Amelia Werner, wife of Sam URRATE, and Lillian Bruning, widow of Charles Boutall.
CourtCourt of Appeal of Louisiana — District of US

Borowski & Menville, Ronald L. Menville, Houma, and Greenberg & Dallam, Nathan Greenberg, Gretna, for plaintiff-appellant and intervenor-appellant.

Louis H. Schultz, Metairie, for defendants-appellees.

Before LEMMON, GULOTTA and SCHOTT, JJ.

ON MOTION TO DISMISS

SCHOTT, Judge.

On our own motion we noticed a probable lack of jurisdiction over this appeal.

The judgment appealed from dismissed a rule for preliminary injunction brought by plaintiff and intervenor, West Lake Development Company. It was signed on August 3, 1977, and plaintiff and intervenor filed a petition for appeal on August 18. However, they did not post their appeal bond until September 19.

LSA-C.C.P. Art. 3612 provides:

"An appeal from an order or judgment relating to a preliminary injunction must be taken and a bond furnished within fifteen days from the date of the order or judgment."

When the appeal bond is not filed within fifteen days, as in this case, the Court of Appeal is without jurisdiction over the matter. Torry v. Barnes, 338 So.2d 383 (La.App. 3rd Cir. 1976), Ruiz v. Succession of Viosca, 291 So.2d 527 (La.App. 4th Cir. 1974).

Appellants contend that the fifteen day period was interrupted or suspended by virtue of the fact that between the time the judgment was signed and the time the bond was filed applications for supervisory writs were made by them to this court and to the Supreme Court. The filing of applications for supervisory writs in these courts did not have the effect of interrupting or suspending the delay provided by Art. 3612 for taking an appeal. Jay v. United Packing House Workers of America, 34 So.2d 526 (Orl.La.App.1948).

APPEAL DISMISSED

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3 cases
  • Jones v. Cusimano
    • United States
    • Court of Appeal of Louisiana — District of US
    • 24 Agosto 1987
    ...this court has previously dismissed appeals under La.C.C.P. Art. 3612 for failure to post bond within fifteen days, Carmadelle v. Urrate, 359 So.2d 708 (La.App. 4th Cir.1978), we are persuaded by and adopt the reasoning of the Third Circuit Court of Appeal that the 1977 amendment to La.C.C.......
  • Irvin v. Grower
    • United States
    • Court of Appeal of Louisiana — District of US
    • 29 Junio 1982
    ...writs does not extend appeal delays. Guillory v. Hartford Insurance Company, 383 So.2d 144 (La.App. 3d Cir. 1980); Carmadelle v. Urrate, 359 So.2d 708 (La.App. 4th Cir. 1978). For these reasons, we dismiss this appeal at appellant's APPEAL DISMISSED. ...
  • Box v. French Market Corp.
    • United States
    • Court of Appeal of Louisiana — District of US
    • 16 Enero 1992
    ...did not have the effect of interrupting or suspending the delay period provided by art. 3612 for taking an appeal. Carmadelle v. Urrate, 359 So.2d 708 (La.App. 4th Cir.1978). Accordingly, plaintiffs' motion to dismiss this appeal is Defendant's motion to defer this appeal until its request ......

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