Bouchillon v. DeBautte

YARRUT, Judge.

Defendant-Appellees filed a motion to dismiss this appeal, alleging Appellants have been dilatory in lodging the record in this Court, and, consequently, have abandoned their appeal.

This motion must be discussed in the light of the history of this entire proceeding. In 1959 Plaintiffs filed suit against a contractor and his surety. After a protracted trial on the merits, heard piecemeal over a long period, Plaintiffs’ suit was dismissed. They appealed. When the record was lodged in this Court, a notation therein appeared stating the testimony adduced on the trial was not…