Gregory P. Mouton and Marivette V. Mouton v. Lowe's Home Centers, LLC d/b/a Lowe's Home Improvement

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
GREGORY P. MOUTON AND NO. 2024 CW 0565
MARIVETTE V. MOUTON

VERSUS

LOWE'S HOME CENTERS, LLC
D/B/A LOWE'S HOME
IMPROVEMENT, DAVID
DEBENEDETTO, SHANE (LAST
NAME UNKNOWN), TREMYA
ANTHONY, AND KELSI (LAST AUGUST 1, 2024
NAME UNKNOWN)

In Re: Gregory P. Mouton and Marivette V. Mouton, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 734723.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED. Louisiana Code of Civil Procedure article 2161
provides that an appeal shall not be dismissed for an irregularity,
error or defect unless it is imputable to the appellant. Further,
it has long been recognized that an appeal will not be dismissed
if the record has not been timely sent by the district court to
the appellate court through no fault of the appellant. See Felder
v. Springfield Farmers' Co-op. Ass'n, 29 So.2d 547 (La. App. 1st
Cir. 1947) and Sirone v. Distenfano, 67 So.2d 150 (La. App. 1st
Cir. 1953).

MRT
WRC
CHH

COURT OF APPEAL, FIRST CIRCUIT

D ~ K OF COURT
FOR THE COURT