Cent. Metairie Civic Ass'n v. Par. of Jefferson, 466 So. 2d 449 (La. 1985). · Go Syfert
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Cent. Metairie Civic Ass'n v. Par. of Jefferson, 466 So. 2d 449 (La. 1985). Cases Citing This Book View Copy Cite
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CENTRAL METAIRIE CIVIC ASSOCIATION, INC., Leonard Cline, Michael Mitchel and N. Kreig White
v.
PARISH OF JEFFERSON and Metairie Center Joint Venture
85-CC-0458.
Supreme Court of Louisiana.
Apr 3, 1985.
466 So. 2d 449
1985 La. LEXIS 8465
William H. Reinhardt, Jr., Kevin W. Kern, Post, Reinhardt & Rougelot, Metair-ie, for plaintiff-relators., Louis G. Gruntz, Jr., Jefferson, H.A. Vondenstein, River Ridge, David R. Sherman, Metairie, Steven E. Hayes, New Orleans, for defendant-respondent.
Blanche, Calogero, Lemmon, Reasons, Watson, Will.
Published

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.

CALOGERO, J., concurs and assigns reasons. BLANCHE and WATSON, JJ., concurs for the reasons assigned by CALOGERO, J. LEMMON, J., concurs and will assign reasons.

Concurrence

CALOGERO, Justice,

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.