No. 3488 Precedential Granted Processed

Cahee v. Associated Indemnity Corp.

Louisiana Court of Appeal, Third Circuit · Filed April 22, 1971 · 247 So. 2d 279

Also decided on this docket: La. Ct. App. 1st Cir., May 5, 1969 222 So. 2d 508; La. Ct. App. 1st Cir., January 23, 1952 56 So. 2d 604; La. Ct. App. 1st Cir., February 26, 1931 133 So. 506

Cited by

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
Peters v. Ocean Protein, Inc. 266 So. 2d 566 La. Ct. App. 1st Cir. 1972
Enterkin v. Devaux 262 So. 2d 99 La. Ct. App. 1st Cir. 1972
Employers' Liability Assurance Corp. v. Armstead 260 So. 2d 339 La. Ct. App. 1st Cir. 1972
Affiliated Foods, Inc. v. Blanchard 256 So. 2d 363 La. Ct. App. 3d Cir. 1971
LAKE CHARLES TILE & CARPET CO. v. Foster 251 So. 2d 196 La. Ct. App. 3d Cir. 1971
Cahee v. Associated Indemnity Corp. 251 So. 2d 195 La. Ct. App. 1st Cir. 1971

Authorities cited

Identified automatically; this list may not be exhaustive.

Babineaux v. Southeastern Drilling Corp. 166 So. 2d 742
Brewer v. Thoele 186 La. 168
Buckley v. Thibodaux 181 La. 416
Malveaux v. Buller 131 So. 2d 571

Opinion text

SAVOY, Judge. The defendants-appellees have filed a motion to remand the instant case to the district court. On March 10, 1971, an order granting an appeal in forma pauperis in favor of the plaintiff-appellant, was signed in the cause of Dorothy P. Cahee, et al vs. Associated Indemnity Corp., et al, arising out of the 15th Judicial District Court, Docket No. 45033, Lafayette Parish, Louisiana. The plaintiffs-appellants’ original petition had been filed on October 16, 1969, and was not filed in forma pauperis. The defendants-appellees seek to have the instant case remanded to the district court for the purpose of traversing the affidavits of poverty attached to the above-mentioned petition for a devolutive appeal in forma pauperis. On March 24, 1971, we considered the motion to remand and ordered that the plaintiff-appellant show cause on April 5, 1971, why this case should not be remanded for trial of the rule to traverse the plaintiffs-appellants’ affidavits of poverty. No appearance has been made in opposition to the rule. The proper method of opposing the motion to proceed in forma pauperis is by a contradictory traversal of the affidavits of poverty supplied in support of the motion. LSA-C.C.P. Article 5184. It is well settled 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 such purpose. Babineaux v. Southeastern Drilling Corporation, 166 So.2d 742 (La.App. 3 Cir. 1964). See also: Brewer v. Thoele, 186 La. 168 , 171 So. 839 (1937); Buckley v. Thibodaux, 181 La. 416 , 159 So. 603 (1935); Malveaux v. Buller, 131 So.2d 571 (La.App. 3 Cir. 1961). For these reasons, the case is remanded to the district court in order that the appellees may traverse the affidavits on which the appellants were permitted to proceed in forma pauperis. Remanded.