Soileau v. Tri-State Mutual Insurance

En Banc.

FRUGÉ, Judge.

We have had two prior occasions to consider the question before us in this same case, 206 So.2d 716 (La.App.3d Cir., 1967), and on rehearing, 206 So.2d 718 (La.App. 3d Cir., 1968).

While the facts and issues are set forth in our previous dealings with this case, for the sake of clarity we shall repeat the essential facts.

Defendant sought to appeal from a final judgment nearly three and one-half months from the date of judgment. Counsel for appellant asserts that he had a right to appeal because he never received notice of the original judgment, as required in Code of Civil…