John Carr Garrison, Jr. v. Toni Marie Trost D/B/A Lakeview Properties

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

10-16

JOHN CARR GARRISON, JR., ET AL. VERSUS TONI MARIE TROST d/b/a LAKE VIEW PROPERTIES

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APPEAL FROM THE

FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2007-2629-B HONORABLE R. RICHARD BRYANT, JR., DISTRICT JUDGE

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JOHN D. SAUNDERS

JUDGE

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Court composed of John D. Saunders, Marc T. Amy, and James T. Genovese, Judges.

MOTION TO DISMISS APPEAL DENIED.

Charles Schrumpf Schrumpf & Schrumpf 3801 Maplewood Drive Sulphur, LA 70663 (337) 625-9077 ATTORNEY FOR DEFENDANT/APPELLEE:

Toni Marie Trost

Skipper M. Drost One Lakeshore Drive, Suite 100 Lake Charles, LA 70629 (337) 436-4546 ATTORNEY FOR PLAINTIFFS/APPELLANTS:

John Carr Garrison, Jr.

Ramona Wilhite Garrison

SAUNDERS, Judge.

The defendant-appellee, Toni Marie Trost d/b/a Lakeview Properties, moves to dismiss the appeal of the plaintiffs-appellants, John Carr Garrison, Jr. and Ramona Wilhite Garrison, based on the failure of plaintiffs-appellants to timely perfect their appeal. For the reason set forth below, we deny the motion.

Appellee argues that this devolutive appeal should be dismissed for the Plaintiffs’ failure to timely pay appeal costs even though the costs were paid prior to the lodging of the appeal. A motion to dismiss an appeal for failure to timely pay the appeal costs must be filed no later than three days from the lodging of the record in the appellate court or the return date, whichever is later. La.Code Civ.P. art. 2161; Young v. Mobley, 05-547 (La.App. 3 Cir. 3/1/06), 923 So.2d 917. The appeal was lodged on January 6, 2010; however, appellee did not file the motion to dismiss until January 19, 2010. Thus, appellee’s motion to dismiss on this ground was not timely filed.

Accordingly, for this reason, we deny the motion to dismiss the appeal.

MOTION TO DISMISS APPEAL DENIED.

This opinion is NOT DESIGNATED FOR PUBLICATION. Rules 2-16.2 and 2-16.3, Uniform Rules, Courts of Appeal.