Opinion
No. 90-OC-1155.
June 22, 1990. Rehearing Denied September 6, 1990.
In re Berthelot, Kenneth L; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of East Baton Rouge, 19th Judicial District Court, Div. "A", No. 285,755; to the Court of Appeal, First Circuit No. CA90 0109.
Granted. Appeal is dismissed as a suspensive appeal. Because La. Code Civ.P. art. 2123 requires that an appellant file both an appeal and security within the delay period for suspensive appeals, the appellant's failure to timely file a suspensive appeal bond requires the court to dismiss the suspensive appeal. Because the appeal was filed within the delay for devolutive appeals, the appeal should be treated as a devolutive appeal.
CALOGERO, C.J and COLE, J., would deny the writ.
LEMMON, J., would deny the writ and assigns reasons.