Case v. Case

HALL, Judge.

This appeal, in which no record on appeal has been lodged in this court, is again before the court after remand for the taking of evidence on a motion to dismiss appeal filed by defendant-appellee.

The motion to dismiss is based on the failure of appellant to pay the cost of preparing the record on appeal and the filing fee required by the appellate court in the total amount of $291, within three (3) days prior to the return day of the appeal as required by LSA-C.C.P. Art. 2126 and LSA-R.S. 13:4445. The judgment appealed from was rendered and signed on December 19, 1974. A motion…