Opinion
No. 85-1028.
June 30, 1986. Rehearing Denied July 21, 1986.
APPEAL FROM CITY COURT OF OPELOUSAS, PARISH OF ST. LANDRY, STATE OF LOUISIANA, HONORABLE KENNETH BOAGNI, JR., J.
Sandoz, Sandoz Schiff, Lawrence B. Sandoz, III, Opelousas, for defendant-appellant.
Jerry J. Falgoust, Opelousas, for plaintiff-appellee.
Before STOKER, DOUCET and KNOLL, JJ.
MOTION TO DISMISS
The plaintiff-appellee, Sheldon Ledoux, moves to dismiss the suspensive appeal of the defendant-appellant, Bay State Management Corporation, on the ground that the defendant failed to file a suspensive appeal bond within the delays required by law.
On June 26, 1985, the City Court of Opelousas rendered a judgment against the defendant. On July 3, 1985, the defendant filed for a suspensive appeal. The trial court granted the appeal and set the suspensive appeal bond at $2000.00 on July 8, 1985. On July 24, 1985, the trial court changed the amount of the suspensive appeal bond to $7,500.00. The defendant did not file the suspensive appeal bond until August 22, 1985.
Louisiana Code of Civil Procedure Article 5003 provides in pertinent part:
A. An appeal from a judgment rendered by a . . . city court . . . may be taken only with in ten days from the date of the judgment or from the service of notice of judgment, when such notice is necessary.
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In order to perfect a suspensive appeal from a judgment of a city court, a suspensive appeal bond must be filed within the appropriate ten day delay for taking an appeal as provided by La.C.C.P. Article 5003. Gissel v. Sehdeva, 413 So.2d 1370 (La.App. 1st Cir. 1982).
The defendant timely filed for a suspensive appeal on July 3, 1985. However, the defendant failed to timely file the suspensive appeal bond.
Therefore, the suspensive appeal is hereby dismissed and converted into a devolutive appeal. Savoie v. Estate of Rogers, 433 So.2d 1140 (La.App. 3rd Cir. 1983).
SUSPENSIVE APPEAL DISMISSED AND CONVERTED INTO A DEVOLUTIVE APPEAL.