Hebert v. Babineaux

FORET, Judge.

MOTION TO DISMISS

Because an examination of this record revealed an apparent jurisdictional defect, we issued, ex proprio motu, a rule to show cause why this appeal should not be dismissed.

The plaintiff, Ernest Keith Hebert, filed this suit against Kevin Babineaux seeking to recover damages for injuries sustained as a result of an altercation between them. On November 4,1980, the trial court signed a judgment pursuant to a jury verdict in favor of the defendant. The plaintiff filed *811a. motion for this appeal on January 29, 1981.

Where a new trial is not timely applied for, the delay…