Legal Question in Business Law in Louisiana

Re: judgement against bank

In Louisiana, a bank would appeal an adverse judgment in the same way as any other defendant. There are two types of appeals: suspensive and devolutive. The suspensive appeal stays the effect of the judgment and requires that bond be posted. This appeal must be filed within 30 days of the expiration of the delay for applying for a new trial (a total of 40 days if no motion for new trial is filed) or 30 days of the denial of a motion for new trial if such a motion is filed. The second type, called a devolutive appeal, does not stay the effect of the judgment and thus, does not require that bond be posted. This appeal must be filed within 60 days of the expiration of the delay for filing a new trial motion (a total of 70 days if no new trial motion is filed) or 60 days from the denial of the new trial motion if such a motion is filed. If the bank opts for a devolutive appeal only, you may proceed to execute on your judgment; if the appellate court reverses the decision in your favor, however, you may be guilty of wrongful seizure. After 70 days (assuming that no new trial motion is filed), the judgment will be final and you can execute on it anyway that you like.

Perry Staub

Taggart Morton

2100 Energy Centre