Taylor v. Franklin

En Banc.

HOOD, Judge.

This is a petitory action. Judgment was rendered by the trial court in favor of defendants, and plaintiffs appealed. The defendants-appellees then filed a motion to dismiss the appeal alleging that it had not been timely filed. The matter is before us at this time solely on that motion to dismiss the appeal.

The record shows that a final judgment on the merits was rendered on September 19, 1967, and that it was read and signed in open court on November 9, 1967. A certificate of the Clerk of Court recites that “Notice of the judgment and a certified copy of the judgment” was…