American Steel Building Co. v. Brezner

In this case defendant has filed a motion to dismiss plaintiff’s appeal on the ground that plaintiff did not pay to the clerk of the trial court, at least 3 days prior to the return date, all costs of preparing the record on appeal, and the filing fee required by the appellate court, in compliance with LSA-C.C.P. Article 2126.

The record shows that judgment in defendant’s favor was read and signed by the trial court on March 12, 1963. On March 26, 1963, plaintiff moved for and was granted an order for suspensive and devolutive appeals, returnable to the Court of Appeal, Third Circuit, on May…