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New La. 2nd Circuit local rule for appellee’s brief

Trial court cannot rescind an order of appeal

Once a party perfects an appeal, jurisdiction over all matters reviewable under the appeal is transferred from the trial court to the court of appeal. La. Code Civ. P. art. 2088(A). Once this happens, the trial court has no jurisdiction to rescind its order of appeal. That proposition seems obvious, and indeed, the Louisiana Third Circuit so held in a recent decision, Thompson v. Thompson, 13-1237 (La. App. 3 Cir. 1/22/14). See also David v. David, 13-171 (La. App. 3 Cir. 6/19/13) (same holding).

Note, though, the distinction in art. 2088(A) between a devolutive appeal and a suspensive appeal. In a devolutive appeal, jurisdiction vests in the court of appeal when the order of appeal is signed. In a suspensive appeal, jurisdiction vests in the court of appeal when the order of appeal is signed and the appellant has timely filed the appeal bond. When the appellant in a suspensiive appeal fails to file the bond timely, the trial court retains jurisdiction to convert the suspensive appeal to a devolutive appeal, except in eviction cases. La. Code Civ. P. art. 2088(B).

What happens if a trial court purports to rescind an order of suspensive appeal before the appellant has filed the appeal bond? I don’t know because I’ve never seen that problem occur. If you know the answer, please leave a comment or send me an e-mail.

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