
    H.T. OLINDE, Jr. et al. v. The 400 GROUP et al.
    No. 94-CC-3064.
    Supreme Court of Louisiana.
    Feb. 17, 1995.
   In re 400 Group; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 94CW-2233; Parish of Pointe Coupee, 18th Judicial District Court, Div. “D”, No. 27,859.

Writ granted. The judgment of the First Circuit Court of Appeal is reversed and the ruling of the trial court denying the motion to quash is reinstated.

MARCUS and LEMMON, JJ., concur and assign reasons.

KIMBALL, J., not on panel.

MARCUS and LEMMON, JJ.,

concurring.

The seven-day period for applying for a new trial under La.Code Civ.Proc. art. 1974 commenced on August 24, 1994 and expired on September 2 without the filing of any motion. Therefore, the thirty-day period for suspensively appealing under La.Code Civ. Prov. art. 2123 commenced on September 3. Relator’s motion on September 15 (to use pledged stock for security) was denied on September 19, but the filing of that motion after the suspensive appeal delay had already begun (on September 3) did not interrupt or suspend the running of the suspensive appeal period which expired on October 3, long before movers filed security for the suspensive appeal (on October 19).  