3509 Precedential Processed

Ross v. Hatchette

Louisiana Court of Appeal, Third Circuit · Filed April 23, 1971 · 247 So. 2d 399

Also decided on this docket: La. Ct. App. 1st Cir., March 24, 1952 57 So. 2d 786; La. Ct. App. 1st Cir., August 20, 1971 251 So. 2d 820; La. Ct. App. 1st Cir., December 12, 1904 2 Teiss. 47; La., January 15, 1875 27 La. 68

Cited by

Smith v. H. J. Landreneau Building Contractor, Inc. 419 So. 2d 53 La. Ct. App. 1st Cir. 1982
Needham v. Demette 397 So. 2d 1369 La. Ct. App. 1st Cir. 1981
Ainsworth v. State Farm Mutual Automobile Insurance 389 So. 2d 1376 La. Ct. App. 1st Cir. 1980
Deville v. LaGrange 381 So. 2d 838 La. Ct. App. 3d Cir. 1979
White v. Radford Buick, Inc. 362 So. 2d 1235 La. Ct. App. 1st Cir. 1978
Shepard v. Shepard 349 So. 2d 1026 La. Ct. App. 3d Cir. 1977
Hanks v. Drs. Ranson, Swan & Burch, Ltd. 350 So. 2d 186 La. Ct. App. 1st Cir. 1977
Ardoin v. Swint 315 So. 2d 839 La. Ct. App. 1st Cir. 1975
Guillory v. Nicklos Oil & Gas Co. 315 So. 2d 914 La. Ct. App. 1st Cir. 1975
Darby v. Travelers Insurance Company 272 So. 2d 798 La. Ct. App. 3d Cir. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

Oldham v. Hoover 140 So. 2d 417
Brewer v. Thoele 186 La. 168
Buckley v. Thibodaux 181 La. 416

Opinion text

247 So.2d 399 (1971) Elliot Ray ROSS, Plaintiff-Appellant, v. Dr. Charles V. HATCHETTE et al., Defendants-Appellees. No. 3509. Court of Appeal of Louisiana, Third Circuit. April 23, 1971. *400 W. Monroe Stephenson, New Orleans, for plaintiff-appellant. Hall, Raggio, Farrar & Barnett, Lake Charles, for defendants-appellees. Before SAVOY, HOOD and CULPEPPER, JJ. On Motion to Remand PER CURIAM. The defendants-appellees have filed a motion to remand the instant case to the district court for the purpose of traversing the order of the district judge allowing plaintiff-appellant to prosecute this action without payment of costs or the giving of any bond for costs. By order of court dated December 10, 1962, plaintiff was allowed to file the instant suit in forma pauperis. On January 25, 1971, written reasons for judgment were assigned; and on February 16, 1971, formal judgment was signed. On February 23, 1971, an order was signed by the district judge allowing plaintiff to appeal this case. Nothing is mentioned in the order about the furnishing of a bond. In Oldham v. Hoover, 140 So.2d 417 (La.App. 1 Cir. 1962), the court said: "Our courts have held that where a devolutive appeal is taken in forma pauperis without allowing the appellee sufficient time in which to traverse the affidavits of poverty, the appellate court may, upon timely application therefor, remand the cause to give the appellee the opportunity to do so. See Brewer v. Theole, 186 La. 168 , 171 So. 839 ; Buckley v. Thibodeaux, 181 La. 416 , 159 So. 603 ." (Emphasis added.) In the instant case appellees have had from December 10, 1962, to February 16, 1971, during which to traverse the affidavits in the district court. We are of the opinion that it would be inequitable to allow defendants to traverse at this late date in view of the length of time they have had to traverse. For the reasons assigned the motion to remand is denied. Motion denied.