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November 2017

December 2017

When do you need a bond to take a devolutive appeal?

Usually, an appellant taking a devolutive appeal does not have to post an appeal bond. See La. Code Civ. P. art. 2124(A). But there’s an exception to this rule: in a worker’s compensation case, an employer appealing an award of benefits must post a bond “guaranteeing that the employer will pay the amount of the award,” plus interest and costs. when the worker’s compensation judge has awarded benefits to the employee. La. R.S. 23:1310.5(C). This rule applies to both suspensive appeals and devolutive appeals. See Coolidge v. Butler, 16-937 (La. App. 3 Cir. 11/22/17)

Another procedural quirk under R.S. 23:1310.5(C): the time to post the bond does not begin to run until the worker’s compensation judge has notified the employer of the bond amount. In Coolidge, the employee moved to dismiss the employer’s appeal for failure to post the bond. The Third Circuit granted the motion. But since the WCJ had failed to set the amount of the bond, the Third Circuit dismissed the appeal as premature, and remanded the case for the WCJ to set the bond amount.

That’s a wrap for this year, folks. I just peaked at the blog archives and was surprised to realize that this blog passed its 5th birthday back in October. Thanks for reading, and best wishes for the New Year.


Bad things can happen ...

... when you cheat on the court’s typographic rules to circumvent the page limit. In this article for the Journal of the Missouri Bar, Professor Douglas Abrams catalogs cases where lawyers have gotten caught doing this and the penalties imposed on them. The lessons:

  1. Obey the court’s rules governing typography.
  2. If your brief or memorandum is too long, edit it to make it shorter.
  3. If, after editing, it’s still too long, file a motion for leave to exceed the court’s page limit. The motion may or may not be granted, but no one will think of you as a cheater for doing so.

When is a “partial” summary judgment appealable?

Plaintiff sues Defendant. Defendant filed a reconventional demand against Plaintiff and a third-party demand against an insurer. The trial court renders summary judgment dismissing Plaintiff’s main demand but reserving Defendant’s reconventional demand and third-party demand. Is the judgment appealable? Yes, according to the Third Circuit in Hester v. Burns Builders, 17-824 (La. App. 3 Cir. 11/29/17). The court reasoned that the judgment is final under La. Code Civ. P. art. 1915(A)(1) and (3) because it dismissed Plaintiff’s principal action in its entirety. It didn’t matter that Plaintiff remained a party in his capacity as a defendant in reconvention.


La. CLE for procrastinators

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If you still need a few hours of CLE this year, consider signing up for the Louisiana State Bar Association’s 2017 Wrap Up seminar, to be held this Friday, December 15, at the Sheraton on Canal Street in New Orleans. Included in the multi-topic program will be a one-hour presentation by Thomas M. Flanagan and yours truly on the “Top 10 Ways to Lose an Appeal.” You can register for one hour, two hours, a half day, or the entire 6.25 hour day. According to the LSBA web site, Tom’s and my presentation is approved for an hour of appellate-specialization CLE credit. For more information about the seminar, follow this link.