SOUTH CENTRAL BELL TELEPHONE CO. v. WESTRIDGE, 343 So.2d 1064 (La. 1977)

SOUTH CENTRAL BELL TELEPHONE CO. v. MAURICE WESTRIDGE ET AL.

No. 59439.Supreme Court of Louisiana.
March 30, 1977.

IN RE: MAURICE WESTRIDGE APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS.

[1] Granted; ruling of court of appeal reversed. C.C.P. 5125; appeal reinstated and, treating the bond as one found to be invalid for lack of a surety, although signed by appellant, the court of appeal shall allow relator-appellant four days to furnish a new bond with a surety. C.C.P. 5124. [2] SANDERS, C. J., dissents from granting of the writ. Upon the failure of the appellant to furnish security within the fixed delay, the judgment of the trial court became final. LSA-C.C.P. art. 2087, 2088. [3] SUMMERS, J., dissents from this ex parte reversal of a final judgment without a hearing thus depriving the holder of that judgment of due process of law. [4] MARCUS, J., dissents from the granting of this writ. Judgment of court of appeal is correct.