Burke v. State Farm Mutual Automobile Insurance

LOTTINGER, Judge.

ON MOTION TO DISMISS

This matter is before us on a motion to dismiss an appeal.

The facts show that on May 28, 1965, an exception of prescription was argued in this matter and taken under advisement by the Lower Court. Reasons for the judgment of the Lower Court were filed on August 13, 1965, and the judgment was signed on October 1, 1965, dismissing petitioner’s suit On October 14, 1965, the Clerk of Court mailed the notice of the signing of the judgment. The petitioner, on December 30, 1965, filed a motion for a devolutive appeal, and subsequently, on January 28, 1966, filed…