BERTHELOT v. CAPITOL MOTORCYCLES OF BATON ROUGE, INC.

No. 90-OC-1155.

564 So.2d 309 (1990)

Kenneth L. BERTHELOT v. CAPITOL MOTORCYCLES OF BATON ROUGE, INC., et al.

Supreme Court of Louisiana.

Rehearing Denied September 6, 1990.


Granted. Appeal is dismissed as a suspensive appeal. Because La.Code Civ.P. art. 2123 requires that an appellant file both an appeal and security within the delay period for suspensive appeals, the appellant's failure to timely file a suspensive appeal bond requires the court to dismiss the suspensive appeal. Because the appeal was filed within the delay for devolutive appeals, the appeal should be treated as a devolutive appeal.

CALOGERO, C.J., and COLE, J., would...

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