American Laminating Manufacturing Co. v. Attaway

ON DEFENDANTS’ MOTION TO DISMISS THE APPEAL

Defendants filed a motion to dismiss this devolutive appeal on two grounds: (1) A motion by plaintiff for a new trial has not been disposed of and (2) the appeal was not taken, nor the security furnished, within the delay of 90 days, LSA-C.C.P. Article 2087.

The record shows that an exception of no cause of action filed by defendants was heard on October 7, 1969. At the conclusion of the hearing the court did not take the case under advisement. The judge gave oral reasons for his ruling that the exception should be sustained and stated that judgment…