Martin v. Garlotte

SARTAIN, Judge.

The motion to dismiss this appeal is based on the grounds that the record was not lodged in this court on or before the extended return day and that the delay was caused by the fact that the payment of costs and fees by appellants was not timely.

The record reflects that the original return day for this suspensive appeal was June 26, 1970. An extension was obtained making the extended return day September 26, 1970. This latter date, however, was a Saturday, a legal holiday. Accordingly, under the provisions of Article 5059 of the Louisiana Code of Civil Procedure the return day…