No. 9642 Precedential Dismissed Processed

Jones v. Albritton

Louisiana Court of Appeal, First Circuit · Filed January 31, 1962 · 137 So. 2d 699

Also decided on this docket: La. Ct. App. 1st Cir., February 28, 1927 5 La. App. 536; La., March 15, 1886 38 La. Ann. 195; La. Ct. App. 4th Cir., November 8, 1978 364 So. 2d 1348; La. Ct. App. 1st Cir., December 17, 1973 289 So. 2d 527

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Opinion text

GLADNEY, Judge. This case was fixed for argument on January 4, 1962, and since plaintiff-appellant neither appeared nor filed bried prior to this date, the appeal is hereby dismissed for reason of abandonment. Rule VII, Section 4(b), Vol. 8, supp., LSA-Revised Statutes, provides: “4. The court may, ex proprio motu: (b) Consider abandoned and dismiss the appeal in any case in which the appellant has neither appeared nor filed brief prior to the date fixed for submission of the case.” In addition, see Le Cron v. Culligan, La. App., 127 So.2d 39 (1st Cir. 1961). For these reasons, the appeal is dismissed at plaintiff-appellant’s cost. Appeal dismissed.