State ex rel. Guste v. Robouche

Louisiana Court of Appeal

Decided May 28, 1976

Louisiana Court of Appeal · decided 1976-05-28

Cited by 3 later decisions — most recently August 1987

3 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 of judgment . . ." (Emphasis added)”

quoted by 1 later decision, including 370 So. 2d 162 - Chapman v. Fisher

Relies on 282 So. 2d 578 - Eyraud v. Commission on Alcoholic Beverage Control

Good law ✅— No negative treatment on recordhow we know

Decided 1976-05-28

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MILLER, Judge.

¶1Ex proprio motu we issued a show cause order questioning this court’s jurisdiction because the appeal from the trial court’s preliminary injunction was not perfected within fifteen days as required by LSA-C. C.P. art. 3612. Appellants did not reply to our show cause order. We dismiss the appeal.

¶2The trial court judgment granting the preliminary injunction was signed January 16, 1976. On the same day defendants were granted a devolutive appeal conditioned on furnishing a $250 bond. The appeal bond was filed February 11, 1976.

¶3An 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. LSA-C.C.P. art. 3612.

¶4When the appeal bond is not timely filed, this court is without jurisdiction. Eyraud v. Com. on Alcoholic Beverage Control, 282 So.2d 578 (La.App. 1 Cir. 1973).

¶5The appeal is dismissed at appellants’ cost.

¶6APPEAL DISMISSED.