Art. 2165.Appeals Deemed Abandoned
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 3. Procedure In Appellate Court · Last amended 1982 · Last verified July 30, 2026
Full Text of Art. 2165
Amendment History
Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §2.
Plain-English Summary
Article 2165 supplies the definition that Article 2162 relies on when it lists abandonment as a ground for dismissing an appeal. An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period of inactivity the appellate court's own rules establish. The Code does not fix that period itself; each appellate court sets it through its own procedural rules, so the length of inactivity that triggers abandonment can differ from one court to the next.
It helps to keep this concept separate from a similarly named one from earlier in Louisiana civil procedure. Article 561 lets a trial court deem an entire lawsuit abandoned, ending the action itself, when no party takes a formal step in its prosecution for three years. Article 2165 operates only after a case has already left the trial court on appeal, and it does not touch the underlying judgment or claims; it ends the appeal, not the lawsuit that produced the judgment being appealed.
Because the triggering period comes from each appellate court's rules rather than a single statewide number, a party monitoring a pending Louisiana appeal should check the specific rules of the court where the appeal is docketed rather than assume a fixed timetable from the Code itself.
Frequently Asked Questions
How long can a Louisiana appeal sit inactive before it is deemed abandoned?
The period is set by the appellate court's own rules rather than fixed in the Code, so it can vary from one court to another.
Is abandonment of an appeal the same as abandonment of a lawsuit?
No. Article 2165 governs abandonment of the appeal itself, a distinct concept from abandonment of the underlying action under Article 561, which ends a lawsuit at the trial-court level after three years of inactivity.
Where do I find the inactivity period that triggers abandonment of my appeal?
In the procedural rules of the specific appellate court where the appeal is docketed, since Article 2165 leaves that period to each court's own rules.
What happens once a Louisiana appeal is deemed abandoned?
It becomes a ground for dismissal under Article 2162, alongside consent, lack of jurisdiction, and lack of a right to appeal.