No appeal, order, judgment, writ, mandate, or process conditioned on the furnishing of security may be dismissed, set aside, or dissolved on the ground that the bond furnished is insufficient or invalid unless the party who furnished it is afforded an opportunity to furnish a new or supplemental bond, as provided in Articles 5124 and 5126. No suspensive appeal is allowed from an order or ruling of a trial court requiring or permitting a new or supplemental bond to be furnished as provided in Articles 5124 and 5126.
Art. 5125.Insufficiency Or Invalidity of Bond; Effect On Orders Or Judgments; Appeal From Order For Supplemental Bond
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 3. Bonds In Judicial Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5125 bars dismissing, setting aside, or dissolving any order, judgment, writ, mandate, or process conditioned on security merely because the underlying bond is insufficient or invalid unless the furnishing party first gets a chance to cure it, and denies a suspensive appeal from an order requiring a new bond.
Full Text of Art. 5125
Plain-English Summary
Articles 5123 and 5124 give an interested party the tool to test a bond and give the furnishing party the chance to fix it. Article 5125 makes that opportunity to cure a real precondition, not just an option the court may or may not honor.
No appeal, order, judgment, writ, mandate, or process conditioned on furnishing security can be dismissed, set aside, or dissolved on the ground that the bond behind it is insufficient or invalid unless the party who furnished it is first given the chance to furnish a new or supplemental bond, exactly as Articles 5124 and 5126 describe. A finding that a bond falls short does not by itself end the matter; the cure procedure has to run its course first.
The article also forecloses one avenue for delay: no suspensive appeal lies from a trial court's order or ruling requiring or permitting a new or supplemental bond under Articles 5124 and 5126. A party stuck with that order can still comply with it or contest it going forward, but cannot suspend its effect through an appeal.
Frequently Asked Questions
Can a Louisiana court immediately dissolve an order because the security behind it is insufficient?
No. Article 5125 requires the party who furnished the bond to first be given a chance to furnish a new or supplemental bond before the order, judgment, writ, mandate, or process is dismissed, set aside, or dissolved.
Can a party suspensively appeal an order requiring a new or supplemental bond?
No. Article 5125 bars a suspensive appeal from an order requiring or permitting a new or supplemental bond under Articles 5124 or 5126.
What is the practical effect of Article 5125 for a party whose bond is challenged?
It guarantees a cure opportunity before any real consequence attaches, so an insufficient bond triggers the correction procedure in Articles 5124 and 5126 rather than immediate dismissal or dissolution.
Does Article 5125 apply to every kind of security in a Louisiana proceeding?
Yes. It applies broadly to any appeal, order, judgment, writ, mandate, or process conditioned on the furnishing of security, not just to one specific proceeding type.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: cure opportunity for defective bond LouisianaArticle 5125 Louisianano suspensive appeal supplemental bond orderinsufficient bond effect on judgment Louisianadissolving an order for insufficient security Louisiana