Oubre v. Borne

REDMANN, Judge.

On our motion we dismiss a wife’s appeal seeking increase in alimony because we lack “jurisdiction,” C.C.P. 2088; Malone v. Malone, La.1973, 282 So.2d 119. Appellant filed neither bond nor motion to proceed in forma pauperis within the 30 days of C.C.P. 3943.

Appellant asserts that she mailed her forma pauperis motion to the trial judge on the day before the 30th day and argues that it presumably was received on the 30th day. Had it been properly and timely presented, the judge’s failure to timely sign it would not defeat the appeal; Graves v. Kaiser Alum. & Chem. Corp.,…