Cook v. AAA Worldwide Travel Agency

REDMANN, Judge.

Defendants move dismissal of this appeal on the ground that the record was not lodged in this court until almost a year after the return day, and the costs and appellate filing fee were not paid to the trial court clerk three days prior to the “return day or extended return day,” C.C.P. 2126.

The circumstances are that appellants timely filed an appeal bond which the clerk’s office misplaced. As a result of that misplacing, the court reporter did not transcribe the testimony.

It is the trial clerk’s duty, art. 2127, to lodge the record with this court by the return day upon…