Nicholas v. Fidelity & Deposit Co. of Maryland

This matter comes before us on motion to dismiss the appeal. The only ground presented for dismissal is that the appeal “is utterly frivolous.”

In Succession of Damico, 161 La. 725, 109 So. 402, 403, the Supreme Court, in refusing to dismiss an appeal on the ground that it had not been seriously taken, said:

“ * * * in all cases where an appeal lies, such appeal must be granted, and cannot be denied because it is said to be frivolous, or taken merely for delay, or only ‘to abuse the right of appeal.’ State ex rel. Duffard v. Recorder, 45 La. Ann. 1299, 14 So. 66.

“The remedy for an alleged…