No. 4002 Precedential Dismissed Processed

Bowen v. Doyal

Louisiana Court of Appeal, First Circuit · Filed September 25, 1972 · 267 So. 2d 581

Also decided on this docket: La. Ct. App. 1st Cir., April 22, 1955 80 So. 2d 148; La. Ct. App. 1st Cir., June 11, 1931 135 So. 94; La. Ct. App. 4th Cir., June 1, 1970 236 So. 2d 528

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

HOOD, Judge. Plaintiff, Richard W. Bowen, appealed from a judgment signed by the trial court on April 4, 1972. The appellant has not filed a brief in this court, and neither he nor his attorney appeared on the date the case was scheduled for argument. Neither has the appellant filed a written pleading or a written instrument of any kind negating an intent to abandon the appeal. No explanation has been given for his failure to appear. Under those circumstances we consider the appeal as having been abandoned and have concluded that the appeal should be dismissed. See Uniform Rules, Courts of Appeal, Rule VII, Section 5(b), 8 LSA-R.S.; Hollier v. Smith, 250 So.2d 497 (La.App. 3 Cir. 1971). For these reasons the appeal taken in this suit by plaintiff, Richard W. Bowen, is dismissed at his costs. Appeal dismissed.