Art. 2087. Delay for taking devolutive appeal
A. Except as otherwise provided in this Article or by other law, an appeal which
does not suspend the effect or the execution of an appealable order or judgment may be
taken within sixty days of any of the following:
(1) The expiration of the delay for applying for a new trial or judgment
notwithstanding the verdict, as provided by Article 1974 and Article 1811, if no
application has been filed timely.
(2) The date of the mailing of notice of the court's refusal to grant a timely
application for a new trial or judgment notwithstanding the verdict, as provided under
Article 1914.
B. When a devolutive appeal has been taken timely, an appellee who seeks to have
the judgment appealed from modified, revised, or reversed as to any party may take a
devolutive appeal therefrom within the delays allowed in Paragraph A of this Article or
within ten days of the mailing by the clerk of the notice of the first devolutive appeal in
the case, whichever is later.
C. When one or more parties file motions for new trial or for judgment
notwithstanding the verdict, the delay periods specified herein shall commence for all
parties at the time they commence for the party whose motion is last to be acted upon by
the trial court.
D. An order of appeal is premature if granted before the court disposes of all
timely filed motions for new trial or judgment notwithstanding the verdict. The order
becomes effective upon the denial of such motions.
E. The time within which to take a devolutive appeal under the provisions of this
Article is interrupted for all parties upon the filing of a notice of removal in a district
court of the United States, pursuant to the provisions of 28 U.S.C. 1446, and commences
anew on the date the proceeding is remanded.
Amended by Acts 1962, No. 92, §1; Acts 1976, No. 201, §1; Acts 1977, No. 174,
§1, eff. Jan. 1, 1978; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No.
609, §1; Acts 1997, No. 1056, §1.