3777 Precedential Granted Processed

Affiliated Foods, Inc. v. Blanchard

Louisiana Court of Appeal, Third Circuit · Filed December 30, 1971 · 256 So. 2d 363

Also decided on this docket: La., May 15, 1872 24 La. Ann. 339; La. Ct. App. 1st Cir., March 22, 1954 71 So. 2d 665; La. Ct. App. 1st Cir., June 2, 1930 128 So. 686; La. Ct. App. 1st Cir., December 11, 1905 3 Teiss. 68

Cited by

Babineaux v. LeBlanc 337 So. 2d 690 La. Ct. App. 1st Cir. 1976
Theriot v. Castle 335 So. 2d 43 La. Ct. App. 1st Cir. 1976
Ardoin v. Swint 315 So. 2d 839 La. Ct. App. 1st Cir. 1975
Doyle v. Aetna Life & Casualty Co. 309 So. 2d 803 La. Ct. App. 1st Cir. 1974
Martin v. Martin 272 So. 2d 795 La. Ct. App. 1st Cir. 1973
Liggett v. Hardware Mutual Insurance Co. 268 So. 2d 681 La. Ct. App. 1st Cir. 1972
Petitjean v. Arceneaux 266 So. 2d 565 La. Ct. App. 1st Cir. 1972
Peters v. Ocean Protein, Inc. 266 So. 2d 566 La. Ct. App. 1st Cir. 1972
Employers' Liability Assurance Corp. v. Armstead 260 So. 2d 339 La. Ct. App. 1st Cir. 1972

Authorities cited

Identified automatically; this list may not be exhaustive.

LAKE CHARLES TILE & CARPET CO. v. Foster 251 So. 2d 196
Cahee v. Associated Indemnity Corp. 247 So. 2d 279
Babineaux v. Southeastern Drilling Corp. 166 So. 2d 742

Opinion text

256 So.2d 363 (1971) AFFILIATED FOODS, INC., et al., Plaintiffs-Appellees, v. Ramona Lavergne BLANCHARD, for and on Behalf of her minor child, Chad Joseph Blanchard, Defendant-Appellant. No. 3777. Court of Appeal of Louisiana, Third Circuit. December 30, 1971. Davidson, Meaux, Onebane & Donohoe, by J. J. Davidson, III, Lafayette, for defendant-appellant. Ronald E. Dauterive and J. Minos Simon, Lafayette, for plaintiffs-appellees. Before HOOD, CULPEPPER and MILLER, JJ. HOOD, Judge. Affiliated Foods, Inc., and Fireman's Insurance Company of Newark, New Jersey, filed a motion to remand this suit to enable them to traverse the affidavits of poverty filed by defendant-appellant. The matter is before us now solely on that motion to remand. Judgment was rendered by the trial court in November, 1971. Shortly after that judgment was rendered defendant, Ramona Lavergne Blanchard, on behalf of her minor child, Chad Joseph Blanchard, filed a motion to proceed in forma pauperis, and she attached affidavits of poverty to that motion. Pursuant to her demands, an order was signed by the trial court on November 18, authorizing that defendant to proceed without the prepayment of costs and without the giving of security therefor. At or about the time that order was signed, the defendant applied for and was granted "a suspensive and/or in the alternative devolutive appeal," and the order of appeal decrees that "said appellant is dispensed with the necessity of furnishing a bond." Plaintiffs-appellees then filed in this court the motion to remand which is before us now, alleging that they are entitled to have the case remanded to enable them to traverse the appellant's right to proceed in forma pauperis. The established rule is that once an appeal is granted in forma pauperis the proper remedy to traverse the affidavits of poverty is to make timely application to the appellate court to remand the case for that purpose. Lake Charles Tile and Carpet Company v. Foster, 251 So.2d 196 (La. App. 3 Cir. 1971); Cahee v. Associated Indemnity Corporation, 247 So.2d 279 (La. App. 3 Cir. 1971); and Babineaux v. Southeastern Drilling Corporation, 166 So. 2d 742 (La.App. 3 Cir. 1964). The application to remand was timely filed here, and the appellees thus are entitled to the relief which they seek. *364 For the reasons herein set out, the case is remanded to the district court for the purpose of allowing plaintiffs-appellees to traverse the affidavits of poverty, on the basis of which appellant was permitted to proceed in forma pauperis. Remanded.