Slay v. Ater

MILLER, judge.

Plaintiff relator Roscoe Slay filed a motion in this court seeking to dismiss the timely perfected but unlodged suspensive appeal taken by defendants respondents Donald E. Ater, et al. We deny the motion.

Relator contends that respondents failed to timely pay the clerk of court all “fees due the clerk of the trial court for preparing the record of appeal.” Under LSA-R. S. 13:4445, these costs must be paid not later than three days before the return day, or extended return day, as fixed by the trial court.

The suspensive appeal was granted by the trial court and perfected by…