Landry v. Landry

ON MOTION TO DISMISS

SAMUEL, Judge.

This is an appeal by the wife from a judgment determining whether certain disputed items involved in a partition were the separate property of either party or belonged to the community of acquets and gains formerly existing between them. The husband has timely filed a motion to dismiss the appeal on the ground that the appellant failed to make timely payment of costs as required by LSA-C.C.P. Art. 2126 and, as a result of such failure, the appeal was not timely lodged in this court. The motion to dismiss is the only matter before us at this time.

The judgment…