Bynog v. Fertitta

ON MOTION TO DISMISS

SAVOY, Judge.

This matter is before the Court on a motion by appellee to dismiss the appeal.

Appellee herein obtained an interlocutory judgment. This judgment is dated August 3, 1971, and has been appealed by appellant.

On October 7, 1971, a final judgment was signed by the district judge. This judgment was in favor of appellee. On January 13, 1972, the district judge granted appellant a devolutive appeal from this judgment.

In his motion to dismiss the second appeal counsel for appellee contends that the appeal should be dismissed for the following reasons, to-wit:

“A. The…