TRANSAMERICA LIFE INSURANCE COMPANY v. IN RE TONYA GEGENHEIMER (2022)

WRIT GRANTED

On the showing made, we find that the trial court legally erred when it failed to fix the bond for a suspensive appeal of the September 21, 2022 partial final judgment. We further find that the trial court erred when it converted relator's motion for a suspensive appeal into a devolutive appeal. While an appellant must file both the petition for appeal and furnish the security within the delay period allowed in La. C.C.P. art. 2123, when the motion for appeal has been timely filed, the appeal may still be perfected if the tardy filing of the security is imputable to the court system rather than the appellant. Blue, Williams & Buckley v. Brian Investments, Ltd., 96-1451 (La. App. 1 Cir. 6/20/97), 706 So.2d 999, 1002, writ denied, 97-2192 (La. 11/21/97), 703 So.2d 1311. Accordingly, we grant relator's writ and instruct the trial court to set the bond amount for a suspensive appeal of the September 21, judgment. We additionally instruct the trial court to amend its October 27, 2022 order of appeal to grant the suspensive appeal requested, provided that relator posts the bond within 15 days from the date the bond is set.

Gretna, Louisiana, this 16th day of December, 2022.

RAC

JGG

MEJ

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON

STEPHEN J. WINDHORST

HANS J. LILJEBERG

JOHN J. MOLAISON, JR.

JUDGES

CURTIS B. PURSELL CLERK OF COURT

SUSAN S. BUCHHOLZ INTERIM CHIEF DEPUTY CLERK

LINDA M. WISEMAN FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400 (504) 376-1498 FAX

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY

I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 12/16/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

CURTIS B. PURSELL CLERK OF COURT

22-C-548

E-NOTIFIED

24th Judicial District Court (Clerk)

Honorable Robert J. Burns, Judge Pro Tempore (DISTRICT JUDGE)

Honorable Frank A. Brindisi (DISTRICT JUDGE)

Gretchen F. Richards (Respondent)

Kate C. Casanova (Relator)

Kelly Gayle Juneau Rookard (Respondent)

MAILED

Edward W. Trapolin (Respondent)

Attorney at Law

400 Poydras Street

Suite 2700

New Orleans, LA 70130

John E. Sudderth (Relator)

Leo M. Prange, III (Relator)

Attorney at Law

917 North Causeway Boulevard

Metairie, LA 70001