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ROBERTSON v. NORWOOD

No. 4178.

234 So.2d 509 (1970)

Edward H. ROBERTSON, III, and Christine Robertson, Man and Wife, Edward H. Robertson, III, Father and Administrator of Lise Robertson and Carolyn Robertson, Minors, Rebecca Robertson v. Walter NORWOOD, Grain Dealers Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 6, 1970.

Attorney(s) appearing for the Case

Montgomery, Barnett, Brown & Read, Wood Brown, III, New Orleans, for Walter Norwood and Grain Dealers Mutual Insurance Co., movers, defendants-appellees.

Frank C. O'Halloran, Jr., and Charles R. Maloney, New Orleans, for Edward H. Robertson, III, Christine Robertson and others, opponents, plaintiffs-appellants.

Before REDMANN, BARNETTE and DOMENGEAUX, JJ.

REDMANN, Judge.

Appellee moves to dismiss this appeal on the ground that the motion for devolutive appeal filed February 9, 1970 and appeal bond filed March 4, 1970 were too late as an appeal from a judgment signed November 12, 1969.

The motion and bond were timely filed under LSA-C.C.P. 2087(2), because filed within 90 days of the trial court's refusal on December 12, 1969 of a timely filed application for a new trial. That application, filed November 20...

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