Krieg v. Sciortino, 341 So. 2d 575

Krieg v. Sciortino

341 So. 2d 575 | La. Ct. App. | 1977

Lead Opinion

ON MOTION TO DISMISS

Before LEMMON, STOULIG and BEER, JJ. PER CURIAM.

This matter comes before us by reason of motions to dismiss filed in behalf of plaintiff-appellee.

An examination of the record indicates that defendant-appellant did not file a verification of his answer until three days after filing the bond as security for the appeal. Thus, there was no verification in the *576record which is properly before us on appeal, and there has been no timely compliance with the oath requirement of C.C.P. Article 4735 (see Alexander v. Williams,, La.App., 205 So.2d 456), and the suspensive appeal must be dismissed at appellant’s cost. It is so ordered.

APPEAL DISMISSED.

Rehearing

ON MOTION FOR REHEARING

PER CURIAM.

In response to the application for rehearing filed in behalf of appellant, we amend our order of January 6, 1977, so as to dismiss the suspensive appeal, but we maintain the appeal as devolutive inasmuch as the order of appeal and the bond were filed in time sufficient to preserve appellant’s right to devolutively appeal. In all other respects, the application for rehearing is denied.

ORIGINAL ORDER AMENDED; REHEARING DENIED.