Macedonia Baptist Foundation v. Singleton

COLE, Judge.

Appellee, The Macedonia Baptist Foundation, moves to dismiss asserting the appeal is frivolous, it was not timely perfected, and the question presented was previously decided by this court.

The remedy for frivolous appeal is not dismissal but affirmance of the judgment when the appeal is heard and found to be without merit. Diecidue v. Kilpatrick, 86 So.2d 757 (La.App.Orl.Cir.1956). Adequate sanction against the taking of a frivolous appeal is provided for by C.C.P. art. 2164.

This case was heard on the merits September 6, 1977. At the conclusion of the trial oral reasons were given…