Opinion
No. 6576.
September 13, 1974. Rehearing Denied October 9, 1974. Writ Refused November 22, 1974.
APPEAL FROM NEW ORLEANS FIRST CITY COURT, STATE OF LOUISIANA, HONORABLE ARTHUR J. O'KEEFE, J.
Dorsey Marks, New Orleans (John L. Dorsey), New Orleans, for plaintiff-appellee.
Wallace C. Quinn, New Orleans, for defendant-appellant.
Before REDMANN, LEMMON and SCHOTT, JJ.
This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002.
Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts.
When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment.
The appeal is dismissed.
Appeal dismissed.