No. 4058 Precedential Processed

Petitjean v. Arceneaux

Louisiana Court of Appeal, First Circuit · Filed September 19, 1972 · 266 So. 2d 565

Also decided on this docket: La. Ct. App. 1st Cir., July 6, 1970 237 So. 2d 711; La. Ct. App. 1st Cir., July 14, 1931 135 So. 730; La. Ct. App. 1st Cir., June 30, 1955 82 So. 2d 91

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Opinion text

CULPEPPER, Judge. ON MOTION TO REMAND Plaintiff appellee filed a motion to remand this case to enable him to traverse the affidavits of poverty filed by defendants-appellants in support of their motion to prosecute this appeal in forma pauperis. Our jurisprudence is now established that plaintiff appellee is entitled to the remand which he seeks. See Affiliated Foods, Inc. v. Blanchard, 256 So.2d 363 (3rd Cir. 1971) and the authorities cited therein. *566 For the reasons assigned, this case is remanded to the district court for the purpose of allowing plaintiff-appellee to traverse the affidavits of poverty on the basis of which appellant was permitted to proceed in forma pauperis. Remanded.