Merchant v. Mowad
Also decided on this docket: La. Ct. App. 1st Cir., January 14, 1975 306 So. 2d 774; La. Ct. App. 1st Cir., December 21, 1965 189 So. 2d 1; La. Ct. App. 1st Cir., February 28, 1916 13 Tiess. 247; La., May 15, 1878 30 La. 947
Merchant v. Mowad, 357 So. 2d 919 (La. Ct. App. 1st Cir. 1978).
Opinion text
DOMENGEAUX, Judge. MOTION TO DISMISS George B. Mowad, M. D., the defendant-appellant, moves for leave of this court to abandon his appeal and obtain its dismissal. The motion is unopposed. We grant the motion to dismiss. Rule VII, Section 3 of the Uniform Rules of the Courts of Appeal provides in pertinent part that: “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 a dismissal.” Since an answer to the appeal has not been filed, nor has any other formal action to amend or modify the judgment appealed been taken, the appeal is hereby dismissed at defendant-appellant’s costs. APPEAL DISMISSED.