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

• Court: Louisiana Court of Appeal
• Decided: February 10, 2010
• Docket: CA-0010-0016
• Status: Unknown

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

************ JOHN D. SAUNDERS JUDGE

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.

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