Thibodeaux v. Aetna Casualty & Surety Co.
Also decided on this docket: La. Ct. App. 5th Cir., February 13, 1967 195 So. 2d 318; La. Ct. App. 1st Cir., November 4, 1925 3 La. App. 94; La. Ct. App. 3d Cir., December 5, 1968 216 So. 2d 314
Thibodeaux v. Aetna Casualty & Surety Co., 213 So. 2d 189 (La. Ct. App. 1st Cir. 1968).
Cited by
- Brown v. Delta Airlines Inc. 348 So. 2d 425 La. Ct. App. 1st Cir. 1977
- White v. White 227 So. 2d 760 La. Ct. App. 1st Cir. 1969
Authorities cited
Identified automatically; this list may not be exhaustive.
- Mid-State Homes, Inc. v. Davis 169 So. 2d 404
Opinion text
On Motion to Dismiss En Banc. SAVOY, Judge. This matter comes before the Court on a motion filed by appellees to dismiss the appeal for the reason that the record was not lodged in this Court on the return date fixed by the district judge, namely, June 17, 1968, due to the fault of the appellants in failing to return the original transcript of testimony to the Clerk of the district court in time to allow preparation of the record within the allotted time, despite repeated requests from the office of the Clerk for the return of the transcript of testimony. The record reveals that the appeal in the instant case was lodged in this Court on June 19, 1968, and the motion to dismiss the appeal was filed on June 25, 1968. We are of the opinion that the motion to dismiss the appeal should be overruled for the reason that said motion was not filed within three (3) judicial days after the appeal was lodged in this Court as pro *190 vided for by LSA-C.C.P. Article 2161 and Mid-State Homes, Inc. v. Davis, 169 So.2d 404 (La.App. 4 Cir. 1964). For the reasons assigned the motion to dismiss the appeal is overruled. Motion to dismiss overruled.