No. 8537 Precedential Dismissed Processed

Howard v. Hardware Mutual Casualty Insurance Co.

Louisiana Court of Appeal, First Circuit · Filed June 30, 1971 · 251 So. 2d 642

Also decided on this docket: La. Ct. App. 1st Cir., December 16, 1981 407 So. 2d 1309; La. Ct. App. 1st Cir., January 11, 1978 354 So. 2d 227; La. Ct. App. 1st Cir., September 2, 1971 253 So. 2d 555; La., March 15, 1882 34 La. 389

Cited by

Washington v. Sabine State Bank & Trust Co. 328 So. 2d 809 La. Ct. App. 1st Cir. 1976
Johnson v. State Farm Fire and Casualty Company 303 So. 2d 779 La. Ct. App. 3d Cir. 1974
Howard v. Hardware Mutual Casualty Co. 294 So. 2d 243 La. Ct. App. 1st Cir. 1974
Howard v. Hardware Mutual Company 286 So. 2d 334 La. 1973
Collins v. Aetna Life & Casualty Co. 279 So. 2d 800 La. Ct. App. 1st Cir. 1973
Howard v. Hardware Mutual Casualty Co. 277 So. 2d 192 La. Ct. App. 1st Cir. 1973
Howard v. Hardware Mutual Casualty Insurance 263 So. 2d 13 La. 1972
Howard v. Hardware Mutual Casualty Insurance 252 So. 2d 667 La. 1971
Howard v. Hardware Mutual Casualty Co. 253 So. 2d 555 La. Ct. App. 1st Cir. 1971

Authorities cited

Identified automatically; this list may not be exhaustive.

Cobb v. Bergeron 223 So. 2d 483

Opinion text

ELLIS, Judge. On March 11, 1971, plaintiff was granted a devolutive appeal to this court, returnable on May 10, 1971. The judgment appealed from was signed on December 10, 1970, and new trial was denied on January 4, 1971. Because Hardware Mutual Casualty Company and Southern Truck Service, Inc. had earlier taken a suspensive appeal, the record was completed and lodged with this court on April 23, 1971. This motion alleges that plaintiffs never paid the $25.00 filing fee required by R.S. 13:352(1) and Rule 1, Section 10 of the Uniform Rules of the Courts of Appeal, and that their appeal must be dismissed. The certificate of the Clerk of the 19th Judicial District Court, attached to the motion, shows that plaintiffs did not pay the $25.00 filing fee, and nothing appears in the record to the contrary. The failure to pay the filing fee timely is grounds for dismissal, even if the other costs are paid and the record timely lodged. Cobb v. Bergeron, 223 So.2d 483 (La.App. 1 Cir. 1969). Plaintiffs’ appeal is therefore dismissed, at their cost. Appeal dismissed.