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300 So. 2d 846

Barnes v. Edwards

Louisiana Court of Appeal

Decided September 13, 1974

Louisiana Court of Appeal · decided 1974-09-13

Decided 1974-09-13

LEMMON, Judge.

¶1This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002.

¶2Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts.

¶3When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment.

¶4The appeal is dismissed.

¶5Appeal dismissed.

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