CANTELLI v. TONTI

No. 6309.

297 So.2d 766 (1974)

Russell W. CANTELLI and Judy Kerr Cantelli v. Robert T. TONTI, d/b/a Robert T. Tonti Real Estate, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 15, 1974.


Attorney(s) appearing for the Case

David A. Marcello, New Orleans, for plaintiffs-appellants.

John M. Blanchard, New Orleans, amicus curiae.

Carr & Kollin, Patrick E. Carr, Metairie, for defendants-appellees.

Before SAMUEL, STOULIG and MORIAL, JJ.


STOULIG, Judge.

Prior to a consideration of the merits we must consider and decide our ex proprio motu order to show cause why this appeal should not be dismissed because of appellants' failure to post the devolutive appeal bond within the delays provided for in LSA-C.C.P. art. 5002. Under this codal article the last day for timely filing of the bond was December 6, 1973, and the record as constituted indicated the appeal bond was not posted until December 21, 1973...

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