Marek v. McHardy

FOURNET, Chief Justice.

This case is before us for the second time on appellee’s motion to dismiss the appeal. The first motion was denied on the finding that the failure to issue citation of the appeal was the fault of the district clerk of court, whose mandatory duty it was to issue the citations as prayed for, and not attributable to the fault of appellant or his counsel, as alleged in the motion. See, 231 La. 505, 91 So.2d 773.

In this second motion, filed some seven months after our former decision, counsel for appellees contend that any further proceedings in connection with this appeal1…