Slater v. Slater

MOTION TO DISMISS

CUTRER, Judge.

The Plaintiff-Appellant, James B. Slater, Jr., appeals from a judgment of the trial court denying him child support. This court, ex proprio motu, issued a rule to show cause why the appeal should not be dismissed as being untimely under LSA-C. C.P. art. 3943. The appellant has answered the rule.

The judgment of the trial court was signed and notice of judgment was mailed on September 4, 1980. No new trial was applied for. This appeal was taken on October 24, 1980, more than 30 days, but less than 60 days, from the expiration of the delay for applying for a new…