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Caruso v. Caruso

Court of Appeal of Louisiana, Fourth Circuit
Mar 30, 1982
413 So. 2d 1330 (La. Ct. App. 1982)

Opinion

No. 13148.

March 30, 1982.

Appeal from Thirty-Fourth Judicial District Court, Parish of St. Bernard; Thomas M. McBride, III, Judge.

Richard A. Tonry, Chalmette, for defendant-appellant.

Glenn Diaz, Chalmette, for plaintiff-appellee.

Before SCHOTT, BYRNES and WARD, JJ.


On our own motion we questioned jurisdiction over this appeal because it appeared it was taken untimely.

The following chronology is pertinent:

July 17, 1981 Judgment signed July 28, 1981 Last day for filing application for new trial — C.C.P. Arts. 1973- 1974. August 27, 1981 Last day to appeal — C.C.P. Art. 3943 October 6, 1981 Appeal taken

Although appellant filed a motion for new trial (rehearing) on August 7, 1981, this did not toll the applicable delay for taking the appeal because it was filed beyond the last day permitted under C.C.P. Arts. 1973 and 1974. McQuillin v. Ezernack, 331 So.2d 125 (La.App. 3rd Cir. 1976); Baldo v. Thibodeaux, 295 So.2d 866 (La.App. 4th Cir. 1974).

Accordingly, the appeal is dismissed.


Summaries of

Caruso v. Caruso

Court of Appeal of Louisiana, Fourth Circuit
Mar 30, 1982
413 So. 2d 1330 (La. Ct. App. 1982)
Case details for

Caruso v. Caruso

Case Details

Full title:LUCAS JAY CARUSO v. PAMELA MARIE KNAUER, WIFE OF LUCAS JAY CARUSO

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Mar 30, 1982

Citations

413 So. 2d 1330 (La. Ct. App. 1982)