STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GREGORY P. MOUTON AND NO. 2024 CW 0565 MARIVETTE V. MOUTON VERSUS LOWE'S HOME CENTERS, LLC D/B/A LOWE'S HOME IMPROVEMENT, DAVID DEBENEDETTO, SHANE (LAST NAME UNKNOWN), TREMYA ANTHONY, AND KELSI (LAST AUGUST 1, 2024 NAME UNKNOWN)

In Re: Gregory P. Mouton and Marivette V. Mouton, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 734723.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT DENIED. Louisiana Code of Civil Procedure article 2161 provides that an appeal shall not be dismissed for an irregularity, error or defect unless it is imputable to the appellant. Further, it has long been recognized that an appeal will not be dismissed if the record has not been timely sent by the district court to the appellate court through no fault of the appellant. See Felder v. Springfield Farmers' Co-op. Ass'n, 29 So.2d 547 (La. App. 1st Cir. 1947) and Sirone v. Distenfano, 67 So.2d 150 (La. App. 1st Cir. 1953).

MRT WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

D ~ K OF COURT FOR THE COURT