Fruehauf Trailer Co. v. Baillio

BARNETTE, Judge.

This case is before us on two motions to dismiss a devolutive appeal. The first mo*140tion to dismiss is based upon the alleged failure of appellant to appeal within 90 days of the delay allowed for timely filing of a motion for new trial, as required by Article 2087 of the Code of Civil Procedure. The second motion to dismiss is based upon appellant’s alleged failure to pay the costs of court as required by law for lodging the appeal. The case was submitted after argument and the filing of briefs on these motions.

A review of the record before us, however, discloses that…