Chenevert v. Lower Coast Corp.

Louisiana Court of Appeal

Chenevert v. Lower Coast Corp.

205 So. 2d 453, 1967 La. App. LEXIS 5107

CourtLouisiana Court of Appeal

DecidedSeptember 27, 1967

DocketNo. 7258

StatusPublished

Cited by1 cases

This text of 205 So. 2d 453 (Chenevert v. Lower Coast Corp.) 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.

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Chenevert v. Lower Coast Corp., 205 So. 2d 453, 1967 La. App. LEXIS 5107 (La. Ct. App. 1967).

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Opinion

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.

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