No. 8576 Precedential Processed

Futch v. Greene

Louisiana Court of Appeal, First Circuit · Filed September 2, 1971 · 252 So. 2d 744

Also decided on this docket: La. Ct. App. 1st Cir., December 16, 1981 408 So. 2d 1007; La., April 15, 1883 35 La. Ann. 467; La. Ct. App. 2d Cir., February 5, 1957 92 So. 2d 739

Cited by

Succession of DeHart 272 So. 2d 781 La. Ct. App. 3d Cir. 1973

Authorities cited

Identified automatically; this list may not be exhaustive.

Jackson v. Dupont, Incorporated 140 So. 2d 463
Louisiana Power & Light Company v. Lasseigne 255 La. 579

Opinion text

MOTION TO DISMISSAL APPEAL ELLIS, Judge. Judgment in favor of defendants and against plaintiff was signed herein on March 26, 1970, and plaintiff perfected an appeal to this court, returnable on June 12, 1970. Six extensions of the return day were granted, the final one having expired in May 1, 1971. The costs of court have not been paid by plaintiff and the record has not been lodged in this court. Article 2126 of the Code of Civil Procedure requires 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 extended return day. Since plaintiff has not done this, the failure to lodge the record timely is attributable to him, and is a basis for dismissal of the appeal. Jackson v. Dupont, Incorporated, 140 So.2d 463 (La.App. 1 Cir. 1962); Louisiana Power and Light Co. v. Lasseigne, 255 La. 579 , 232 So.2d 278 (1970). The appeal is dismissed, at plaintiff’s cost. Appeal dismissed.