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525 So. 2d 1052

D'Spain v. D'Spain

Supreme Court of Louisiana

Decided May 20, 1988

Supreme Court of Louisiana · decided 1988-05-20

Relies on Carpenter v. Besco Corp.

Decided 1988-05-20

¶1In re James L. D’Spain, applying for rehearing of action of this Court dated April 29, 1988, 523 So.2d 1314, from the 24th Judicial District Court, Parish of Jefferson, No. 302-816; Fifth Circuit Court of Appeal, No. 88-CW-0164.

¶2Plaintiffs application for rehearing is denied. Defendant’s request for clarification is granted. Pledge of partnership interest does not satisfy the suspensive appeal bond in this case. Defendant must file a new bond. He cannot pledge his interest in the partnership as a suspensive appeal bond. Case remanded to district court to permit defendant to file a new bond. Failure to file a bond of sufficient sum within seven (7) days will result in pending appeal becoming devolutive.

DIXON, C.J., concurs in the ruling; the second bond is invalid.
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