SPILLER v. HERPEL

No. 11637.

358 So.2d 960 (1977)

T. D. SPILLER, Jr. v. Peggy Mattingly HERPEL, Individually and as Testamentary Executrix of the Succession of Ama Spiller Mattingly.

Court of Appeal of Louisiana, First Circuit.

Writ Refused November 4, 1977.


Attorney(s) appearing for the Case

Davis A. Gueymard and James H. Hynes, Baton Rouge, for plaintiff and appellant.

Donald L. Peltier, Peltier & Peltier, Thibodaux, for defendant and appellee.

Before LOTTINGER, EDWARDS and PONDER, JJ.


LOTTINGER, Judge.

On July 16, 1977, this court issued a show cause order as to why this appeal should not be dismissed for an untimely filing of the appeal bond.

Judgment was signed on February 10, 1977, with notice of judgment being mailed on March 2, 1977. Without applying for a new trial, the motion and order for a devolutive appeal was signed on April 28, and filed on April 29, 1977. On May 5, 1977, a cashier's check in the amount of the devolutive appeal...

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