Appellate lawyers can help at all stages of litigation.
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.


Feed You can follow this conversation by subscribing to the comment feed for this post.

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.


Post a comment

Comments are moderated, and will not appear until the author has approved them.

Your Information

(Name and email address are required. Email address will not be displayed with the comment.)