From Casetext: Smarter Legal Research

Whittaker v. Vetsher, Inc.

Court of Appeal of Louisiana, Fourth Circuit
Jun 9, 1976
333 So. 2d 689 (La. Ct. App. 1976)

Opinion

No. 7811.

June 9, 1976.

APPEAL FROM CIVIL DISTRICT COURT, DIVISION "F", PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE HENRY J. ROBERTS, JR., J.

Montgomery, Barnett, Brown Read, Stanley McDermott, Jr., Richard B. Montgomery, Jr., New Orleans, for plaintiff-appellant.

W. Monroe Stephenson, New Orleans, for Vetsher, Inc., defendant-appellee.

Frans J. LaBranche, Jr., New Orleans, for Century National Bank of New Orleans, defendant-appellee.

Before STOULIG, BOUTALL and SCHOTT, JJ.


ON MOTION TO DISMISS


Appellee Vetsher, Inc., moved to dismiss the suspensive appeal of appellant, Robert V. Whittaker, based upon the representation that the bond posted was insufficient to maintain a suspensive appeal under C.C.P. art. 2124.

As pointed out by this court in the case of Reid v. Blanke, 200 So.2d 132 (1967), the procedure for testing the sufficiency of an appeal bond is clearly set out in C.C.P. art. 5123. Further the Code of Civil Procedure in Article 5125 prohibits the dismissal of an appeal on the insufficiency of the security unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond. Finally, under C.C.P. art. 2088(5) the trial court retains jurisdiction and is a proper forum to consider objections to the sufficiency of an appeal bond.

For the foregoing reasons the motion to dismiss this appeal is denied at mover's cost.

MOTION DISMISSED.


Summaries of

Whittaker v. Vetsher, Inc.

Court of Appeal of Louisiana, Fourth Circuit
Jun 9, 1976
333 So. 2d 689 (La. Ct. App. 1976)
Case details for

Whittaker v. Vetsher, Inc.

Case Details

Full title:ROBERT V. WHITTAKER v. VETSHER, INC., AND CENTURY NATIONAL BANK OF NEW…

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Jun 9, 1976

Citations

333 So. 2d 689 (La. Ct. App. 1976)