State Farm Mutual Automobile Insurance v. Aetna Casualty & Surety Co.
Also decided on this docket: La. Ct. App. 1st Cir., December 6, 1971 255 So. 2d 792; La. Ct. App. 1st Cir., January 10, 1910 7 Teiss. 97; La., December 15, 1876 28 La. Ann. 943; La. Ct. App. 1st Cir., November 21, 1958 107 So. 2d 468
State Farm Mutual Automobile Insurance v. Aetna Casualty & Surety Co., 296 So. 2d 880 (La. Ct. App. 1st Cir. 1974).
Opinion text
ON MOTION TO DISMISS APPEAL CULPEPPER, Judge. Plaintiff-appellant, State Farm Mutual Automobile Insurance Company, moves to dismiss their appeal in the above-captioned suit. The appeal was lodged with this court on May 22, 1974. No Opposition to the motion has been filed. We dismiss. Rule VII, Section III, of the Uniform Rules-Courts of Appeal provides, in pertinent part, as follows: “In the absence of a timely answer to the appeal or other formal action to amend or modify the judgment appealed, the appellant alone may, by his formal motion to dismiss, on leave of the court, forthwith abandon his appeal and obtain its dismissal.” There being no answer to the appeal, or other formal action to amend or modify the judgment appealed from in this case, we dismiss plaintiff-appellant’s appeal, and in accordance with his wishes,- remand this matter to the District Court for further proceedings in accordance with law. The costs of this appeal to be borne by the plaintiff-appellant. Appeal dismissed.