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GENERAL SUPPLY OF HOUMA v. CENCO SUPPLY

No. 86 CA 1581.

504 So.2d 1043 (1987)

GENERAL SUPPLY OF HOUMA, INC. v. CENCO SUPPLY, INC.

Court of Appeal of Louisiana, First Circuit.

March 4, 1987.

Attorney(s) appearing for the Case

Eldon Harrall, Jr. & Charles G. Blaze, Houma, for plaintiff and appellee—General Supply of Houma, Inc.

Robert A. McMahon, Jr. & Howard B. Kaplan, Metairie, for defendant and appellant—Royal Ins. Co. Sur. for Cenco Supply, Inc.

Before SAVOIE, CRAIN and JOHN S. COVINGTON, JJ.

SAVOIE, Judge:

This matter is before the court on plaintiff-appellee's motion to dismiss the appeal on the basis that it was prematurely taken due to a pending motion for a new trial.

The record establishes the following facts. After obtaining a final judgment against defendant on the merits, plaintiff filed a motion seeking to satisfy the judgment against the surety on the suspensive appeal bond. The trial court orally granted plaintiff's motion on September...

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