First Progressive Bank v. Verret

ON MOTION TO DISMISS

Before GULOTTA, BOUTALL and GAR-SAUD, JJ. GULOTTA, Judge.

Plaintiff moves to dismiss defendants’ appeal on the grounds 1) that defendants did not pay to the clerk of the trial court within 20 days after the signing of the order of appeal estimated costs for the preparation of the record on appeal and filing costs as provided in LSA-C.C.P. art. 2126; 2) that the record was not timely lodged in the Court of Appeal on or before the extended return date; and, 3) that subsequent to filing the motion for appeal and appeal bond defendants filed a petition for voluntary bankruptcy…