Cahow v. Hughes

LE BLANC, Judge.

On Motion to Dismiss Appeal

After a rehearing had been granted herein, present counsel for the defendant-appel-lee filed a motion to dismiss the appeal on the ground that the transcript of appeal had been tardily lodged in this court and therefore we were without right to further entertain the cause.

Counsel in support of their motion cite the case of Filiberto v. Evans, 9 La.App. 104, 118 So. 844, 845, wherein the court stated that "a motion to dismiss the appeal for failure to file the transcript in time may be made at any time.” That could hardly be interpreted, however, to…