Opinion
No. 12458.
November 20, 1978.
APPEAL FROM 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE LEWIS S. DOHERTY, III, J.
Ralph W. Brewer, Baton Rouge, for plaintiff-appellant.
John S. deGrauw, Baton Rouge, for defendants-appellees
Before SARTAIN, CHIASSON and EDWARDS, JJ.
Defendants filed a motion to dismiss plaintiff's appeal, contending that the appeal is untimely.
The record reveals the following chronology.
1. Trial by jury resulting in a March 15, 1978 verdict in favour of defendants.
2. Judgment signed dismissing March 27, 1978 plaintiff's suit in accordance with the jury verdict.
3. Notice of judgment sent to March 27, 1978 counsel.
4. Last day to apply for new April 5, 1978 trial. (No timely application filed.)
5. Last day to perfect a devolutive June 5, 1978 appeal.
6. Order of Appeal filed. June 29, 1978.
Accordingly, the order of appeal filed on June 29, 1978 was untimely. LSA-C.C.P. arts. 1974 and 2087. This Court therefore lacks jurisdiction to hear this appeal. LSA-C.C.P. art. 2088.
For the above reasons, the appeal is dismissed at appellant's cost.
APPEAL DISMISSED.