Smith v. Jung Hotel Corp.

REDMANN, Judge.

Defendant moved in this court to dismiss plaintiff’s devolutive appeal from a judgment dismissing his suit at his cost.

While the basis on which defendant moves dismissal is plaintiff’s refusal to pay the costs fixed as due defendant, we believe it improper to rule on defendant’s motion at this time, because on looking at the record we find a possible question of our jurisdiction, and we are obliged on our own motion to notice lack of jurisdiction and to dismiss in a proper case; see Orrell v. Southern Farm Bureau Cas. Ins. Co., 248 La. 576, 180 So.2d 710 (1965).

*923We notice the…