Tolliver v. Crawford

I concur in the result, but wish to point out that appeals are favored in law. Acquiescence in a judgment is never presumed, and a motion to dismiss can succeed only when the movant clearly demonstrates that the appellant intended to abandon the litigation. Jeffers v. Hansen, 440 So.2d 825 (La.App. 4 Cir.1983). Furthermore, pay-'' ment of a judgment, even without express reservation of the right to appeal, does not necessarily constitute voluntary, unconditional acquiescence which forfeits the party’s right to appeal. Koerner & Lambert v. Allstate Insurance Co., 363 So.2d 546 (La.App. 4th…