Public-domain · open source
OpenJurist

273 So. 2d 538

Yates v. Egan

Louisiana Court of Appeal

Decided February 20, 1973

Louisiana Court of Appeal · decided 1973-02-20

Cited by 2 later decisions — most recently July 1975

2 state decisions

Key passage — most relied on by later courts

““ * * * An appeal from an order or judgment relating to a preliminary injunction must be taken and a bond furnished within fifteen days from the date of the order or judgment.””

quoted by 1 later decision, including Kar Products, Inc. v. Robison

Relies on Certified Finance Co. v. Jones · 221 So. 2d 263 - Louisiana State Board of Medical Examiners v. Kettmann

Good law ✅— No negative treatment on recordhow we know

Decided 1973-02-20

View the full empirical analysis of this case →

SARTAIN, Judge.

¶1This court, ex proprio motu, ordered appellant, Ronald J. Egan, to show cause why his appeal from a judgment granting ap-pellees a preliminary injunction should not be dismissed for the failure of appellant to timely apply and post a bond for a devolu-tive appeal.

¶2The petition for a preliminary injunction was heard by the trial judge and the judgment was signed in open court on September 15, 1972, granting the preliminary injunction as prayed for.

¶3On the 24th day of October, 1972, appellant filed a petition for the present appeal and posted his bond on the same date.

¶4C.C.P. Art. 3612 is explicit in its provisions that “an appeal from an order or judgment relating to a preliminary injunction must be taken and a bond furnished within fifteen days from the date of the order or judgment”. As evidenced by the pertinent dates aforementioned, there was *539an elapse of thirty-nine days from the date of the judgment granting the temporary injunction before the appeal and appeal bond were filed.

¶5It is therefore evident that appellant failed to comply with the requirement of C.C.P. Art. 3612 and his appeal must be dismissed. Louisiana State Board of Medical Examiners v. Kettmann, 221 So.2d 263 (2nd La.App.1969) and Certified Finance Company v. Jones, 191 So.2d 188 (3rd La.App.1966).

¶6Accordingly, for the above reasons, appellant’s appeal is dismissed at his costs.

¶7Appeal dismissed.

/273/so2d/538 · .json · Public domain