Cobb v. Bergeron

LANDRY, Judge.

This matter is before us for the second time on motion of plaintiff-appellee Guy F. Cobb to dismiss the suspensive appeal taken by defendant Curtis J. Bergeron (Marks Automobile Discount Center, Garnishee).

As stated in our earlier opinion rendered May 26, 1969, 223 So.2d 483, the basis for this motion to dismiss is appellant’s alleged failure to timely pay the $25.00 filing fee required to be paid this Court by .virtue of LSA-R.S. 13:352. We remanded this matter to the trial court for the taking of testimony to determine whether appellant was at fault in failing to pay the fee…