
    LOYAL INVESTMENT CORPORATION v. Joseph A. DANOS, Jr.
    No. 5805.
    
      Court of Appeal of Louisiana, Fourth Circuit.
    May 15, 1973.
    Rehearing Denied June 5, 1973.
    Writ Refused Aug. 21, 1973.
    Robert F. Shearman, for Loyal Investment Corp., plaintiff-appellee.
    James F. Quaid, Jr., Metairie, for Joseph A. Danos, Jr., defendant-appellant.
    Before SAMUEL, GULOTTA, and SCHOTT, JJ.
   SCHOTT, Judge.

ON MOTION TO DISMISS

This matter is before us on a motion filed by plaintiff-appellee to dismiss on the ground that defendant-appellant failed to file a proper appeal bond in the time provided by law.

Defendant-appellant took a suspensive appeal on September 22, 1972, and on February 28, 1973, plaintiff-appellee filed a rule to test the surety on the suspensive appeal bond. Following a trial of the rule on March 29, 1973, the trial judge declared the bond to be insufficient. Defendant-appellant filed a new bond on April 10, 1973.

The filing of the new appeal bond was not accomplished within the four-day period established in LSA-C.C.P. Art. 5124. Accordingly, the motion to dismiss the appeal is granted. Gracianette v. Brown, La. App., 131 So.2d 838.

Accordingly, the appeal taken in this matter is hereby dismissed.

Appeal dismissed.  