Barre v. Barre

ON MOTION TO DISMISS

Before SAMUEL, GULOTTA and CHE-HARDY, JJ. SAMUEL, Judge.

The sole matter before us at this time is a plaintiff-appellee motion to dismiss the appeal taken by the defendant. The record has not been lodged in this court.

The motion alleges: The order of appeal was granted on June 23, 1980 returnable to this court on August 18, 1980; the defendant-appellant has failed to pay the appeal costs due the clerk of the trial court as required by LSA-C.C.P. Art. 2126; and the return date of August 18, 1980 expired without an extension thereof.

On this showing, mover’s remedy is in the…