Opinion
No. 59439.
March 30, 1977.
IN RE: MAURICE WESTRIDGE APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS.
Granted; ruling of court of appeal reversed. C.C.P. 5125; appeal reinstated and, treating the bond as one found to be invalid for lack of a surety, although signed by appellant, the court of appeal shall allow relator-appellant four days to furnish a new bond with a surety. C.C.P. 5124.
SANDERS, C. J., dissents from granting of the writ. Upon the failure of the appellant to furnish security within the fixed delay, the judgment of the trial court became final. LSA-C.C.P. art. 2087, 2088.
SUMMERS, J., dissents from this ex parte reversal of a final judgment without a hearing thus depriving the holder of that judgment of due process of law.
MARCUS, J., dissents from the granting of this writ. Judgment of court of appeal is correct.