Collins v. Aetna Life & Casualty Co.

ON MOTION TO DISMISS

SAMUEL, Judge.

This is a devolutive appeal taken by the plaintiff from a judgment in her favor. The judgment was for personal injuries and property damages sustained by her as the result of an automobile collision. The appellee filed a motion to dismiss the appeal on two grounds, the first of which 1 is that plaintiff failed to make payment of costs and fee as required by LSA-C.C.P. Art. 2126 and, as a residt of such failure, the appeal was not timely lodged. The motion to dismiss is the only matter before us at this time.

The order of appeal, granted on November 12, 1971,…