Capuder v. Misko

This is a sequel to the dismissal of the appeals in the cases of Capuder v. Misko, 173 So.2d 210, La.App. 3 Cir., 1965, and Misko v. Capuder, 173 So.2d 210, La.App. 3 Cir., 1965. This court dismissed those appeals on March 31, 1965, basing its decision on the absence of a signed judgment. Subsequent thereto, the judgment was signed in the trial court, and the appellant moved for a devolutive appeal on April 8, 1965, perfecting it by filing the appeal bond on April 15, 1965.

Capuder, plaintiff-appellee, now moves again to dismiss the appeal on the ground that the trial court did not have…