Chenevert v. Lower Coast Corp.

Louisiana Court of Appeal
Chenevert v. Lower Coast Corp., 205 So. 2d 453 (1967)
1967 La. App. LEXIS 5107
Ellis, Lottinger, Sartain

Chenevert v. Lower Coast Corp.

Opinion of the Court

ELLIS, Judge.

This case is before us on a motion to dismiss, the record herein not having been lodged in this court and the return date fixed by the court below having expired.

The affidavit of the Clerk of the district court shows that appellant was billed for the costs of preparing the record for appeal, but failed to pay it, despite the fact that three extensions of the return date were obtained by the Clerk, and several statements of the costs due furnished appellant’s counsel. The last extended return date was February 10, 1967, and this motion to dismiss was filed on July 10, 1967.

Under the above circumstances, the failure to lodge the record timely is imputable to the appellant, and his appeal must be dismissed. R.S. 13:4445; Code of Civil Procedure, Arts! 2125, 2126, 2127; Jackson v. Dupont, Inc., 140 So.2d 463 (La.App., 1 Cir., 1962).

Appeal dismissed.

Reference

Full Case Name
Mrs. Doris CHENEVERT v. LOWER COAST CORPORATION and Travelers Insurance Company
Cited By
1 case
Status
Published