Enterkin v. Devaux

MILLER, Judge.

Plaintiff John Robert Enterkin, Sr. has moved to dismiss the devolutive appeal taken from a judgment signed January 6, 1972, which decree that plaintiff was not the father of the infant appellant Angela Michelle Devaux. The appeal was taken on January 18, 1972 in forma pauperis, without bond, on affidavits which did not meet the requirements of LSA-C.C.P. Art. 5183. The rule to traverse the January 18, 1972 pauper order was filed in the trial court on February 4, 1972 but not considered.

A new affidavit was signed on February 23, 1972 and filed on February 29, 1972. Nevertheless,…