Public-domain · open source
OpenJurist

338 So. 2d 383

Torry v. Barnes

Louisiana Court of Appeal

Decided October 18, 1976

Louisiana Court of Appeal · decided 1976-10-18

Cited by 1 later decisions — most recently May 1978

1 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 Carmadelle v. Werner

Relies on 291 So. 2d 527 - Ruiz v. Succession of Viosca

Good law ✅— No negative treatment on recordhow we know

Decided 1976-10-18

View the full empirical analysis of this case →

GUIDRY, Judge.

¶1Ex proprio motu we find that this court lacks jurisdiction to hear this appeal because it was not filed timely. Therefore, we dismiss this appeal.

¶2The trial court denied plaintiff’s request for a preliminary injunction, sustaining defendants’ exceptions of no cause of action and improper use of executory proceedings on July 26,1976. On July 28,1976 plaintiff was granted a devolutive appeal and bond was set at $250. The appeal bond was filed September 17, 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. When the appeal bond is not timely filed, this court is without jurisdiction, even if the appeal is being taken from the denial of a preliminary injunction. Ruiz v. Succession of Viosca, 291 So.2d 527 (La.App. 4 Cir. 1974).

¶4The appeal is dismissed at appellant’s cost.

¶5APPEAL DISMISSED.

/338/so2d/383 · .json · Public domain