Nos. 82 CA 0800, 82 CA 0801 Precedential Processed

Miller v. Aguilar/Wilson, Inc.

Louisiana Court of Appeal, First Circuit · Filed February 10, 1983 · 428 So. 2d 854

Also decided on this docket: La. Ct. App. 1st Cir., June 28, 1983 435 So. 2d 1069

Cited by

Delesdernier v. Delesdernier 95 So. 3d 588 La. Ct. App. 1st Cir. 2012
Larsen v. Larsen 583 So. 2d 854 La. Ct. App. 1st Cir. 1991
Landry v. Landry 516 So. 2d 217 La. Ct. App. 4th Cir. 1987
Sanford v. Sanford 468 So. 2d 844 La. Ct. App. 1st Cir. 1985
Hendrix v. Hendrix 457 So. 2d 815 La. Ct. App. 1st Cir. 1984
Barbera v. Barbera 457 So. 2d 1206 La. Ct. App. 1st Cir. 1984
Alloway v. Rodrigue 451 So. 2d 1348 La. Ct. App. 1st Cir. 1984
Clooney v. Clooney 446 So. 2d 981 La. Ct. App. 3d Cir. 1984

Opinion text

PONDER, Judge. We issued a show cause order when ap-pellee filed on December 28, 1982, a motion to dismiss the appeal of Miller Lumber Company, Inc., one of three plaintiffs in the first and one of three defendants in the second of these consolidated cases. We find in the record a Motion to Traverse and to Dismiss Appeal filed on October 19,1982, with an attached order to show cause signed on October 25,1982, and made returnable on November 12, 1982. There is no evidence in the record that the hearing was held on disposition made of the motion although respondents indicate in brief that the motion was denied. If this has occurred and the failure to complete the record and to disclose that the lower court has acted be intentional, we would consider such conduct reprehensible. At any rate, we consider the better conduct under the circumstances to be by appeal from the court’s ruling either already made or to be made. See La.C.C.P. Arts. 2088 and 5125. MOTION DENIED.