Floor-N-Wall Distributors, Inc. v. E. H. Hirts

LOTTINGER, Judge.

Plaintiff-appellee filed a motion seeking the dismissal of this appeal because of no prosecution by appellant for one year. La. C.C.P. art. 2165. Pursuant to said motion this court issued a show cause order as to why this appeal should not be dismissed.

From the briefs filed in support of and in opposition to the motion, we glean the following facts. Judgment was signed on December 22, 1978; a suspensive appeal motion was granted on January 4, 1979; and bond was filed on January 18, 1979. The transcript of the testimony was never filed in the office of the trial court clerk…