Succession of Acker v. Zor, Inc.

Louisiana Court of Appeal

Succession of Acker v. Zor, Inc.

80 So. 2d 592, 1955 La. App. LEXIS 825

CourtLouisiana Court of Appeal

DecidedMay 23, 1955

DocketNo. 20556

StatusPublished

Cited by1 cases

This text of 80 So. 2d 592 (Succession of Acker v. Zor, Inc.) 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

Succession of Acker v. Zor, Inc., 80 So. 2d 592, 1955 La. App. LEXIS 825 (La. Ct. App. 1955).

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Opinion

PER CURIAM.

Appellee’s motion to dismiss this appeal must prevail. The ground urged for 'the dismissal is that defendant secured the appeal by motion in the Civil District Court for the Parish of Orleans at a term subsequent to that at which the judgment was rendered and that citation of appeal was neither prayed for, issued, nor served.

The record in the matter discloses that the judgment in favor of plaintiff was rendered [593]*593in the court below on April 23, 1953, and signed on April 29, 1953. On December 15, 1954, at a term of court subsequent to that at which the judgment was rendered and signed, the defendant filed a motion in open court for a devolutive appeal and was granted an order making the appeal returnable to this court on January 12, 1955. The appellant did not pray for an order for citation of appeal on plaintiff-appellee.

Under the circumstances, the appeal must be dismissed. See Graves v. D’Artois, 210 La. 857, 28 So.2d 457; Haydel v. Major, La.App., 19 So.2d 628.

Therefore, the motion is sustained and the appeal is dismissed at appellant’s cost.

Motion sustained; appeal dismissed.

JANVIER, J., absent.

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PER CURIAM.

Appellee’s motion to dismiss this appeal must prevail. The ground urged for 'the dismissal is that defendant secured the appeal by motion in the Civil District Court for the Parish of Orleans at a term subsequent to that at which the judgment was rendered and that citation of appeal was neither prayed for, issued, nor served.

The record in the matter discloses that the judgment in favor of plaintiff was rendered [593]*593in the court below on April 23, 1953, and signed on April 29, 1953. On December 15, 1954, at a term of court subsequent to that at which the judgment was rendered and signed, the defendant filed a motion in open court for a devolutive appeal and was granted an order making the appeal returnable to this court on January 12, 1955. The appellant did not pray for an order for citation of appeal on plaintiff-appellee.

Under the circumstances, the appeal must be dismissed. See Graves v. D’Artois, 210 La. 857, 28 So.2d 457; Haydel v. Major, La.App., 19 So.2d 628.

Therefore, the motion is sustained and the appeal is dismissed at appellant’s cost.

Motion sustained; appeal dismissed.

JANVIER, J., absent.

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80 So. 2d 592, 1955 La. App. LEXIS 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-acker-v-zor-inc-lactapp-1955.

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