No. 3967 Precedential Processed

Gentilly Time Pay Plans, Inc. v. Siragusa

Louisiana Court of Appeal, First Circuit · Filed November 3, 1969 · 227 So. 2d 769

Also decided on this docket: La. Ct. App. 1st Cir., September 19, 1972 266 So. 2d 541; La. Ct. App. 1st Cir., January 14, 1932 138 So. 698; La. Ct. App. 1st Cir., November 5, 1906 4 Teiss. 19; La., May 15, 1872 24 La. Ann. 421; La. Ct. App. 1st Cir., March 25, 1955 79 So. 2d 129

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

SAMUEL, Judge. This matter is before us on a plaintiff-appellee motion to dismiss an appeal taken by the defendant from a judgment of the First City Court for the City of New Orleans in the amount of $300, together with interest, attorney’s fees and costs. The motion is based on the contention that the application for appeal was not made timely. In the trial court this case was consolidated with Gentilly Time Pay Plans, Inc. v. Siragusa, No. 3,966 of our docket handed down this day, La.App., 227 So.2d 768 . Both cases involve only the same two litigants and were tried at the same time. Motions to dismiss the appeals were filed by the plaintiff in both cases and all of the facts pertinent to the motions, including the date of judgment, the date of denial of a new trial and the date of the filing of the petition for appeal, are identical. For the reasons assigned in Gentilly Time Pay Plans, Inc. v. Siragusa, No. 3,966 of our docket handed down this day, La.App., 227 So.2d 768 , the appeal taken herein by the defendant, Joseph R. Sira-gusa, is dismissed at his cost. Motion granted and appeal dismissed.