Mathies v. Fruehauf Trailer Co.
Mathies v. Fruehauf Trailer Co.
Opinion of the Court
This matter is presently before us on defendants’ third motion to dismiss the appeals taken in these consolidated cases. Plaintiffs’ appeal herein from the adverse judgment of the trial court was made returnable to this Court on September 25, 1963, which return date was duly extended sixty days. Appellees’ first motion to dismiss was rejected pursuant to judgment rendered December 21, 1964, see Mathies v. Fruehauf Trailer Co., La.App., 170 So. 2d 785, (writ refused January 27, 1965), on the ground, inter alia, that failure to timely pay the costs of preparing the record for appeal could not be attributed to appellants where it appeared the clerk of the trial court neglected to send counsel for appellants a statement therefor after having advised counsel a statement would be furnished when counsel for appellant agreed to pay any amount due and owing for the preparation of the record.
On September 13, 1965, the Clerk of Court, St. Tammany Parish, submitted a
Subsequently, on January 6, 1966, after the costs were paid and the record of appeal lodged in this court pursuant to our order of December 9, 1965, appellees timely filed this third motion to dismiss these appeals, which is before us pursuant to an order of this court directing the parties to show cause by briefs, on or before March 4, 1966, why these appeals should or should not be dismissed.
Our careful consideration of the motions, responses, briefs and pleadings before us discloses that mover’s present complaints related to the identical circumstances upon which they predicated their aforesaid second motion to dismiss, which motion was disposed of by this court on December 9, 1965, as herein previously shown. We further find that appellants have literally complied with our order of December 9, 1965, consequently defendants’ present motion is without basis or foundation and is therefore rejected and dismissed.
It is therefore ordered, adjudged and decreed that the motion to dismiss these appeals filed January 6, 1966, be and the same is hereby rejected and denied at appellees’ costs.
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.