
    262 La. 1175
    Earl W. BONVILLIAN v. LAWYERS TITLE INSURANCE CORPORATION.
    No. 52770.
    Supreme Court of Louisiana.
    Sept. 28, 1972.
   In re: Earl W. Bonvillian applying for certiorari, or writ of review to the Court of Appeal, Fourth Circuit, Parish of St. Charles. 264 So.2d 238.

Writ denied; no error of law.

BARHAM, J.,

is of the opinion the writ should be granted. Appellate jurisdiction under C.C.P. Art. 2162 does not and should not include that divesting of “jurisdiction of the trial court over all matters in the case” and the attaching of “that (jurisdiction) of the appellate court * * * on the timely filing of the appeal bond.” Failure to timely file the appeal bond should be simple error which when imputable to the appellant may be dismissed upon motion filed timely under C.C.P. Art. 2162. Jurisprudence to the contrary should be relaxed.  