Wilson v. McNabb

HERGET, Judge.

This matter is before the Court on a motion filed by counsel for Appellee to dismiss the appeal lodged in this Court on the following grounds:

“I.

“The judgment dismissing plaintiff’s suit was read, rendered and signed in Open Court February 23, 1962. Plaintiff did not file a motion and order for appeal until December 10, 1962.

“II.

“The foregoing facts that will appear from the record indicate that more than ninety (90) days have lapsed since the expiration for the delay of applying for a new trial in the lower court.”

The pertinent portions of LSA-C.C.P. Article 2087 provide:

“Except…