La. Rev. Stat. § 9:438
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§438. Repealed by Acts 1991, No. 235, §17, eff. January. 1, 1992.
Notes of Decisions
Cited in 11
cases, 1952–1995 · leading case: In Re Miller
In Re Miller (1995)
“R.S. 9:438 which was incorporated into article 1259 of the Children's Code.”
Martin v. LeBoeuf (1977)
“*1203 R.S. 9:438, granted the appeal, returnable to this Court.”
In Re Simon (1981)
“MOTION TO DISMISS Appellees contend that appellant has no right to appeal this matter under the provisions of LSA-R.S. 9:438: "§ 438. Appeals Appeals from any judgment rendered in accordance with this Subpart or from the granting or refusal of any interlocutory decree shall be…”
Ball v. Campbell (1952)
“Counsel cites Article 593 of the Code •of Practice to the effect that an appeal is not effective unless bond for security ■is posted within the time fixed by law ■which he contends in adoption cases is thirty days from final judgment in accordance with the provisions of Act 228…”
In Re Salmon (1975)
“R.S. 9:438, but also the additional seven days exclusive of holidays in which to move for a new trial.”
Adoption of C.C.B. v. Hebert (1990)
“R.S. 9:438. La.R.S. 9:438 states as follows: § 438.”
Adoption of Lemoine (1962)
“Since this is an appeal from a judgment of adoption, the appeal is governed by the provisions of LSA-R.S. 9:438, which provides: “Appeals from any judgment rendered in accordance with this Sub-part or from the granting or refusal of any interlocutory decree shall be to the…”
Adoption of Lindsey (1974)
“LSA-R.S. 9:438 provides for appeals in adoption proceedings and requires that if the appeal is not perfected within thirty days after a judgment is rendered, the judgment shall be final.”
Evans v. Otterstatter (1987)
“LSA-R.S. 9:438, dealing with appeals in adoption cases, provides: SECTION 438 APPEALS Appeals from any judgment in accordance with this Sub-part or from the granting or refusal of an interlocutory decree shall be to the supreme court on both law and fact.”
Hargrave v. Gaspard (1982)
“R.S. 9:438 allows any party to the proceedings or "any other party in interest" to appeal a judgment or decree rendered under these provisions.”
In re Stanfill (1977)
“LSA-R.S. 9:438. Appellant was notified of a probable lack of jurisdiction and responded to our order to show cause why this appeal should not be dismissed but the response failed to establish that the appeal bond was timely filed.”
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