GETCHELL v. GUARINO

No. 7960.

343 So.2d 1109 (1977)

Horace W. GETCHELL, Sr., Individually and as the Representative of the Estate of his Deceased son, Horace W. Getchell, Jr. v. Anthony GUARINO and Phillip Esteve.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 1977.


Attorney(s) appearing for the Case

Michael H. Bagot and John H. Gniady, New Orleans, for plaintiff-appellant.

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, Paul B. Deal, New Orleans, for Phillip Esteve.

Porteous, Toledano, Hainkel & Johnson, William A. Porteous, III, New Orleans, for Phillip Esteve, Oregon Auto. Ins. Co., Northwestern Nat. Ins. Group, and defendants' Committee.

Benjamin E. Loup, New Orleans, for Anthony Guarino and defendants' Committee.

Lawrence D. Wiedemann, New Orleans, for Anthony Guarino.

Plauche F. Villere, Jr., New Orleans, for State Fire Marshal, Raymond B. Oliver.

Philip S. Brooks, City Atty., for Vieux Carre Commission of the City of New Orleans and for the City of New Orleans, its departments, officers and employees.

Caryl H. Vesy, Asst. City Atty., for Vieux Carre Commission of the City of New Orleans.

Gerald A. Stewart, Philip D. Lorio, III, Asst. City Attys., for the City of New Orleans, its departments, officers and employees.

Beard, Blue, Schmitt & Treen, Robert M. Johnston, New Orleans, for Louisiana Rating & Fire Prevention Bureau.

William J. Guste, Jr., Atty. Gen., Donald B. Ensenat, Asst. Atty. Gen., for the State of Louisiana.

Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Vincent J. Glorioso, Jr., Jane M. Gisevius and Frederick J. Gisevius, Jr., New Orleans, for plaintiffs' Trial Committee.

Before STOULIG, BOUTALL and MORIAL, JJ.


STOULIG, Judge.

This is an appeal from two adverse judgments, one dismissing plaintiff's suit against the City of New Orleans and the other dismissing plaintiff's suit against the State of Louisiana.

This court, ex mero motu, directed appellant to show cause why this appeal should not be dismissed for the lack of jurisdiction resulting from the failure to post timely the bond required by the order of appeal. Subsequently the motion was referred to the merits...

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