Roche v. Stuart

FOIL, Judge.

This court has issued, ex proprio motu, an order directing the parties to show cause why this devolutive appeal should not be dismissed on the basis that it was taken untimely.

Plaintiff, Fred Roche, and his wife, Cheryl Roche, allegedly were injured when their automobile was forced off of the highway by an unidentified vehicle and then struck in the rear by an automobile driven by Frank W. Stuart. The Roches filed separate suits (which were consolidated) against Stuart; his automobile liability insurer, Commercial Union Insurance Company; and their uninsured/underinsured carrier,…