Jones v. Cusimano
| Decision Date | 24 August 1987 |
| Docket Number | No. CA,CA |
| Citation | 511 So.2d 486 |
| Parties | Lawrence Blake JONES v. Frank A. CUSIMANO, Sr., Cusimano Incorporated, and the Antonio-Filippa Trust. 8394. |
| Court | Court of Appeal of Louisiana — District of US |
Mark M. Gonzalez of Scheuermann & Jones, New Orleans, for appellant.
Michael J. Laughlin of Stassi Rausch & Giordano, New Orleans, for appellees.
ON MOTION TO DISMISS APPEAL
Plaintiff has appealed a judgment denying his petition for preliminary injunction. Within the fifteen day time period provided in La.C.C.P. Art. 3612, plaintiff complied with all requirements, including the payment of costs, for perfecting his appeal, except for the posting of an appeal bond. Defendants have moved for dismissal of the appeal because no appeal bond was given within fifteen days.
While 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.P. Art. 2124 dispensing with the requirement of a bond to cover costs for devolutive appeals had the effect of removing the requirement of posting a bond when a party wished to take a devolutive appeal under La.C.C.P. Art. 3612. Chapman v. Fisher, 370 So.2d 162 (La.App.3d Cir.1979). The 1977 amendment to La.C.C.P. Art. 2124 applies to all appeals in which the order of appeal is granted on or after January 1, 1978. La.Acts of 1977, Act. No. 176. The dismissal ordered in Carmadelle v. Urrate, supra, applied to an order of appeal granted before January 1, 1978. In orders of appeal granted before January 1, 1978, the Third Circuit had also ordered dismissal for failure to timely post bond. State v. Robouche, 332 So.2d 600 (La.App.3d Cir.1976); Collins v. Sweazie, 360 So.2d 920 (...
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Luffey v. Luffey
...the matter as an appeal bond is no longer required for a devolutive appeal under La.C.C.P. Arts. 3612 and 2124. See Jones v. Cusimano, 511 So.2d 486 (La.App. 4th Cir.1987) and Chapman v. Fisher, 370 So.2d 162 (La.App. 3d ...
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Killeen v. Jenkins
...725 So.2d 494. 4. Luffey v. Luffey, 572 So.2d 1045 (La.App. 2d Cir.1990), writ denied, 577 So.2d 50 (La. 1991); Jones v. Cusimano, 511 So.2d 486 (La.App. 4th Cir.1987); Chapman v. Fisher, 370 So.2d 162 (La.App. 3d 5. Camp, Dresser & McKee, Inc. v. Steimle & Associates, Inc., 620 So.2d 363 (......
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97 2624 La.App. 1 Cir. 9/25/98, Killeen v. Jenkins
...no longer required a bond for a devolutive appeal. See Chapman v. Fisher, 370 So.2d 162 (La.App. 3rd Cir.1979); Jones v. Cusimano, 511 So.2d 486 (La.App. 4th Cir.1987); Luffey v. Luffey, 572 So.2d 1045, 1046 n. 1 (La.App. 2nd Cir.1990), writ denied, 577 So.2d 50 (La.1991). However, we decli......
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Killeen v. Jenkins
...no longer required a bond for a devolutive appeal. See Chapman v. Fisher, 370 So.2d 162 (La.App. 3rd Cir.1979); Jones v. Cusimano, 511 So.2d 486 (La.App. 4th Cir. 1987); Luffey v. Luffey, 572 So.2d 1045, 1046 n. 1 (La.App. 2nd Cir.1990), writ denied, 577 So.2d 50 (La.1991). However, we decl......