466 So. 2d 449 | La. | 1985
Lead Opinion
Application was made to this Court from a judgment of the district court dated January 8, 1985 (writs were denied by the court of appeal on February 15, 1985), fixing the bond for a suspensive appeal at $7,236,-000.00. The judgments of the courts below are vacated and the order of the district court of November 27, 1984 fixing the appeal bond at $10,000 is reinstated.
Concurrence Opinion
concurring.
The appropriate appeal bond, if any is warranted, should be no more than that set originally in the district court. (Plaintiffs do not complain of the $10,000 bond.) I do not, however, consider the appeal a suspen-sive one inasmuch as the appeal in this case does not suspend the effect of or the execution of an appealable order or judgment (La.C.C.P. art. 2123). The judgment from which appeal has been taken in this case simply dismissed with prejudice plaintiff/relator’s petition.