O'Connor v. Terry

LOTTINGER, Judge.

MOTION TO DISMISS

This is a motion to dismiss an appeal filed by the defendants on the grounds that the return day expired without the record being lodged or an extension granted and that the fees and costs payable by the appellant in accordance with LSA-R.S. 13:4445 and C.C.P. art. 2126 had not been paid no later than three days before the return day.

Judgment was rendered in this matter on April 30,1976, and a motion and order for a devolutive appeal was signed and filed on May 25, 1976 with the return date being fixed for July 19, 1976. By letter dated May 25, 1976, and…