Smith v. Delta Food Mart

ON MOTION TO DISMISS APPEAL

BOUTALL, Judge.

Appellee, Delta Food Mart, has filed a motion to dismiss the appeal of appellant Sylvia S. Smith on the basis that the appellant has failed to pay the estimate appellate costs to the Clerk of the trial court after demand. By affidavit of the Clerk, we are informed that appellant had not applied for an extension of the return date, September 11, 1978, and has never paid the appellate costs or filing fees and as a result the record has not been prepared by the Clerk nor lodged with the Court of Appeal.

In support of its motion, appellee has referred us…