Thibodeaux v. Pacific Mutual Life Insurance

TATE, Judge.

Our Supreme Court dismissed the appeal in this case on the ground that the order of the trial court authorized appeal to the Court of Appeal, First Circuit, rather than to the high court. 231 La. 617, 92 So.2d 385. The transcript of the appeal was then filed in this Court. The Supreme Court had specifically refused to transfer the appeal to the present appellate tribunal under LSA-R.S. 13 :4441 on the ground that, in the complete absence of an order of appeal to that tribunal, there was no appeal properly brought or pending before it.

Counsel for plaintiff-appellee argues most…