Succession of Chapman

MARVIN, Chief Judge.

In this action between the executor and two of the decedent’s heirs over the sale of immovable property of the estate, we award frivolous appeal damages in favor of the executor, who, for that purpose, answered the appeal of the heirs. The appeal was dismissed when the heirs, after seeking a sus-pensive appeal, but perfecting only a devolu-tive appeal, failed to file an appellate brief or to respond to this court’s later notice to them to do so or suffer dismissal of the appeal.

Under such circumstances the answer to the appeal is maintained. La. C.C.P. art. 2133; State, in…