State ex rel. Austin v. Hunt
Also decided on this docket: La. Ct. App. 1st Cir., June 14, 1962 142 So. 2d 812; La. Ct. App. 1st Cir., October 20, 1924 1 La. App. 19; La., December 15, 1886 38 La. Ann. 935
State ex rel. Austin v. Hunt, 289 So. 2d 561 (La. Ct. App. 1st Cir. 1974).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. McIntyre v. Allgood 178 So. 2d 774
- Southern Farm Bureau Casualty Insurance v. Home Indemnity Co. 191 So. 2d 191
Opinion text
de la HOUSSAYE, Judge: This appeal was fixed for argument and all attorneys of record and the plaintiff in proper person were notified. At the time scheduled for argument, the appellant was not present or represented, nor had any brief been filed on behalf of appellant, nor had any motion been filed for continuance. On authority of Rule VII, Section 5(b), this Court, ex proprio motu, considers said appeal as abandoned; therefore, it is ordered that this appeal be dismissed with prejudice. Alternatively, the Court notes ex proprio motu, that this Court has no jurisdiction in criminal matters. State ex rel. McIntyre v. Allgood, 178 So.2d 774 (La. App. 1st Ct. 1965); Art. 7, Sect. 2, Art. 7, Sect. 29, Art. 7, Sect. 10, Const. of 1921. State ex rel. Jones v. Sheriff of Calcasieu Parish, 191 So.2d 191 (La.App. 3rd Ct. 1966). Further, “There shall be no appeal from a judgment granting or refusing to grant release upon a petition for a writ of habeas corpus”. Art. 369, C.Cr.P. Therefore, It is Ordered that this appeal be dismissed with prejudice. Appeal dismissed.