
    Johnnie BARNES v. August EDWARDS et al.
    No. 6576.
    Court of Appeal of Louisiana, Fourth Circuit.
    Sept. 13, 1974.
    Rehearing Denied Oct. 9, 1974.
    Writ Refused Nov. 22, 1974.
    Dorsey & Marks, New Orleans (John L. Dorsey), New Orleans, for plaintiff-appel-lee.
    Wallace C. Quinn, New Orleans, for defendant-appellant.
    Before REDMANN, LEMMON and SCHOTT, JJ.
   LEMMON, Judge.

This is a motion to dismiss an appeal, noted on our own motion. Although appellant timely moved for an appeal, the bond was not filed within ten days of the denial of a new trial. C.C.P. art. 5002.

Appellant admits the bond was not timely filed, but urges that he had difficulty obtaining a surety despite diligent efforts.

When the appellate delay elapsed before the bond was filed, the trial court judgment became final and definitive. C. C. art. 3556(31); C.C.P. art. 1842. This court has no power and authority to modify or reverse a definitive judgment.

The appeal is dismissed.

Appeal dismissed.  