ROBERTSON v. NORWOOD

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Docket Number

No. 4178.

Attorney(S)

Montgomery, Barnett, Brown Read, Wood Brown, III, New Orleans, for Walter Norwood and Grain Dealers Mutual Insurance Co., movers, defendants-appellees. Frank C. O'Halloran, Jr., and Charles R. Maloney, New Orleans, for Edward H. Robertson, III, Christine Robertson and others, opponents, plaintiffs-appellants.

Judges

REDMANN, Judge.

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Edward H. ROBERTSON, III, and Christine Robertson, Man and Wife, Edward H. Robertson, III, Father and Administrator of Lise Robertson and Carolyn Robertson, Minors, Rebecca Robertson v. Walter NORWOOD, Grain Dealers Mutual Insurance Company.

REDMANN, Judge.

Appellee moves to dismiss this appeal on the ground that the motion for devolutive appeal filed February 9, 1970 and appeal bond filed March 4, 1970 were too late as an appeal from a judgment signed November 12, 1969.

The motion and bond were timely filed under LSA-C.C.P. 2087(2), because filed within 90 days of the trial court's refusal on December 12, 1969 of a timely filed application for a new trial. That application, filed November 20, 1969, was timely under C.C.P. art. 1974 because filed within three days of a required notice of judgment which was mailed November 17, 1969. Notice was required, C.C.P. art. 1913, because the case was taken under advisement by the trial court, as the court's minutes of November 10, 1969 show.

Accordingly the motion to dismiss is denied.

Edward H. ROBERTSON, III, and Christine Robertson, Man and Wife, Edward H. Robertson, III, Father and Administrator of Lise Robertson and Carolyn Robertson, Minors, Rebecca Robertson v. Walter NORWOOD, Grain Dealers Mutual Insurance Company.

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