Atlantic Gulf Supply Corp. v. McDonald

SAMUEL, Judge.

This matter is before us on a motion filed by plaintiff-appellee to dismiss a suspensive appeal on the ground that the defendant-appellant failed to make timely payment of the costs of appeal.

The appeal was granted on January 27, 1964 and made returnable to this court on March 10, 1964. The appeal bond was timely filed. On motions of a deputy clerk of the trial court the return date was extended on four occasions, the last extended return day being October 2, 1964. A printed document, entitled “NOTICE TO APPELLANT TO PAY COSTS IN ACCORDANCE WITH C.C.P. 2126” stating the…