Narrative Opinion Summary
In this case, First Guaranty Bank filed a lawsuit for executory process concerning a chattel mortgage against defendant Eugene Perilloux, who sought an injunction to prevent the seizure and sale of his property. The trial court initially granted a temporary restraining order on April 17, 1985, but later recalled it and denied the preliminary injunction on August 28, 1985. Notice of judgment was sent on September 3, 1985. The defendant filed a suspensive appeal and posted bond on September 17, 1985. Under Louisiana Code of Civil Procedure Article 3612, appeals relating to temporary restraining orders are not allowed, and appeals concerning preliminary injunctions must be filed within fifteen days of the judgment date, not the notice date. The court applied the precedent from Zulu v. Washington, affirming that the countdown for the appeal period begins from the judgment date. Given that the defendant’s appeal was filed twenty days after the judgment date, the court deemed it untimely and dismissed the appeal, assigning costs to the appellant.
Legal Issues Addressed
Appealability of Temporary Restraining Orderssubscribe to see similar legal issues
Application: The court emphasized that appeals concerning temporary restraining orders are not permitted under the relevant procedural code.
Reasoning: According to Louisiana Code of Civil Procedure Article 3612, appeals related to temporary restraining orders are not permitted.
Precedent on Appeal Timingsubscribe to see similar legal issues
Application: The court applied the precedent set in Zulu v. Washington to determine the start of the appeal period, reaffirming that the fifteen-day limit commences from the judgment date.
Reasoning: The court referenced the case Zulu v. Washington, which established that the fifteen-day period starts from the judgment date.
Timeliness of Appeals under Louisiana Code of Civil Procedure Article 3612subscribe to see similar legal issues
Application: The court dismissed the appeal as untimely because it was filed beyond the fifteen-day period stipulated for appealing a preliminary injunction, starting from the judgment date.
Reasoning: An appeal regarding a preliminary injunction must be filed within fifteen days from the judgment date, not the notice date.