BRUMLEY v. AKZONA, INC.

No. 2009-CM-0021.

7 So.3d 1223 (2009)

Jimmy BRUMLEY v. AKZONA, INC. f/k/a/ American Enka Corporation, et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 18, 2009.


Attorney(s) appearing for the Case

David R. Cannella, Mickey P. Landry, Frank J. Swarr, Landry & Swarr, L.L.C., New Orleans, LA, Waters & Kraus, LLP, Dallas, TX, for Plaintiff/Appellant.

Erin Fury Parkinson, Margaret Diamond, McGlinchey Stafford, PLLC., New Orleans, LA, for American Cyanamid Company.

(Court composed of Judge CHARLES R. JONES, Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD).


MAX N. TOBIAS, JR., Judge.

This court has reviewed American Cyanamid Company's ("the mover") motion to have this court declare the appeal of Jimmy Brumley, the plaintiff/appellant, as devolutive rather than suspensive.

We find that the trial court erred in failing to set an appeal bond as required by La. C.C.P. art. 2124 B(3)1 for a specific dollar amount when the plaintiff/appellant moved for a suspensive appeal of the judgment...

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