Andrus v. Barlow

SWIFT, Judge.

MOTION TO DISMISS

We issued, ex proprio motu, a rule to show cause directed to the plaintiff-appellant as to why his appeal should not be dismissed as having been untimely perfected under LSA-C.C.P. Art. 3943. The appellant has failed to answer the rule.

We dismiss the plaintiff-appellant’s appeal.

The plaintiff-appellant, Alvin D. Andrus, Sr., filed a writ of Habeas Corpus seeking the custody of his minor child from the defendant-appellee, Modest Barlow. On February 9, 1979, a formal judgment was rendered recalling the writ of Habeas Corpus previously issued and awarding the…