Southern Inspection and Testing, Inc. v. Skyline Steel Corp‪.‬

APPEAL DISMISSED WITH FULL OPINION Appellee, Southern Inspection and Testing (Southern), has filed a Motion to Dismiss Untimely Appeal regarding appellant, Kostmayer Construction's (Kostmayer), appeal taken from a judgment of the Second Parish Court, Parish of Jefferson. They note that LSA-C.C.P. art. 5002 requires that an appeal from city or parish court judgment be filed within ten (10) days from the date of service of the last judgment issued by the trial court denying a timely Motion for New Trial. They argue that appellant, Kostmayer's, appeal is untimely because it was filed more than ten days after the date of service of the judgment denying Kostmayer's Motion for New Trial. After review of the record and applicable law, we conclude that_Kostmayer=""s"" appeal is untimely, but for different reasons than those advanced by Southern. We find that Kostmayer's Motion for New Trial was filed untimely. Thus, appellate delays were not suspended during the pendency of the motion, and the appeal was untimely filed.