Mariano v. Fidelity & Casualty Co. of New York

The plaintiff moves for a dismissal of the appeal herein taken by one of the defendants, Fernando Roses, on the ground that said defendant had not the right to appeal because the judgment is interlocutory and caused appellant no irreparable injury.

This suit was filed on January 17, 1948. On May 18, 1953, the other defendant moved below for a dismissal of the suit on the ground that it had been abandoned as a result of want of prosecution for a period of more than five years. The motion was based on the provisions of LSA-C.C. art. 3519, which in part reads as follows :

“Whenever the plaintiff…