Burks v. Williams

Louisiana Court of Appeal

Burks v. Williams

246 So. 2d 689, 1970 La. App. LEXIS 5018

CourtLouisiana Court of Appeal

DecidedNovember 16, 1970

DocketNos. 8103, 8230

StatusPublished

Cited by1 cases

This text of 246 So. 2d 689 (Burks v. Williams) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burks v. Williams, 246 So. 2d 689, 1970 La. App. LEXIS 5018 (La. Ct. App. 1970).

Pincite

Opinion

ON MOTION TO DISMISS

ELLIS, Judge.

Plaintiff asks that we dismiss defendant’s appeal, alleging that the costs of court and of preparing the record on appeal were not timely paid by defendant as required by Article 2126 of the Code of Civil Procedure. An affidavit of the Clerk of the 18th Judicial District Court in support of the allegation is attached to the motion. It also appears that the record was timely lodged in this court and our filing fee was timely paid.

The question of payment of the costs below becomes moot when the record is lodged and fees paid on or prior to the [690]*690return date. Downey v. Bellue, 178 So.2d 778 (La.App. 1 Cir. 1965). Plaintiff’s argument to the contrary is without merit.

The motion to dismiss is denied, at plaintiff’s cost.

Motion denied.

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