Collins v. Sweazie

CUTRER, Judge.

MOTION TO DISMISS

Ex proprio motu we issued a show cause order questioning this court’s jurisdiction because the appeal from the trial court’s denial of a preliminary injunction was not perfected within fifteen days as required by LSA-C.C.P. art. 3612.

We dismiss the appeal.

The trial court judgment denying the preliminary injunction was signed December 13, 1977. Notice of Judgment, though not required since the matter had not been taken under advisement, was mailed to the defendant the same day. On December 19, 1977, the defendant was granted a devolu-tive appeal conditioned on…