No. 4355 Precedential Processed

Netterville v. T. L. James & Co.

Louisiana Court of Appeal, First Circuit · Filed July 20, 1973 · 280 So. 2d 662

Also decided on this docket: La. Ct. App. 1st Cir., July 15, 1971 250 So. 2d 534; La. Ct. App. 1st Cir., February 4, 1957 93 So. 2d 296

Cited by

Succession of Silas v. Marciante 301 So. 2d 367 La. Ct. App. 4th Cir. 1974
Cefalu Supply, Inc. v. Park Place Homes 299 So. 2d 432 La. Ct. App. 5th Cir. 1974
Slay v. Ater 294 So. 2d 843 La. Ct. App. 3d Cir. 1974

Authorities cited

Identified automatically; this list may not be exhaustive.

Louisiana Power & Light Company v. Lasseigne 255 La. 579
231 So. 2d 278 not in our corpus
Discount Tire Center, Inc. v. Doomes 269 So. 2d 498
Webster Lumber Co. v. Dupuy & Dupuy Developers, Inc. 227 So. 2d 271

Opinion text

MOTION TO DISMISS APPEAL CULPEPPER, Judge. This is a motion to dismiss an unlodged appeal predicated on the plaintiff-appellant’s failure to pay the clerk of the trial court the cost of preparing the record of appeal and the filing fee required by the clerk of the appellate court to lodge the appeal not later than three days prior to the return date or the extended return date. The return date in this case was April 10, 1973. The movers-appellants have attached to their motion the sworn affidavit of the clerk of the trial court, dated July 6, 1973, that no extension of the return date of April 10, 1973 was made by the trial court, and that no payment of the court cost or filing fee have been made. *663 Article 2126 LSA-C.C.P. and LSA-R.S. 13:4445 require that the appellant pay the court costs and filing fee to the clerk of the trial court not later than three days prior to the return day, or extended return day. Since the plaintiff-appellant has not done this, the failure to lodge the record timely is attributable to him, and is a basis for dismissal of the appeal. Louisiana Power & Light Co. v. Lasseigne, 255 La. 579 , 231 So.2d 278 (1970); Discount Tire Center, Inc. v. Doomes, 269 So.2d 498 (La.App.3rd Cir., 1972); Washburn v. Washburn, 227 So.2d 271 (La.App.2nd Cir., 1969). Appeal dismissed.