Geo. L. Ducros Tile Co. v. Frey Homes, Inc.

Defendants-appellees move to dismiss plaintiff’s appeal on the grounds that they were not served with citation of appeal, and that the transcript is incomplete and defective for the reason that certain documentary evidence is not included therein.

The first ground urged for the dismissal of the appeal must fall. Any failure to serve the appellees with citation of appeal is cured by their making appearance and urging the second ground for dismissing the appeal. Appellees must be held to have waived citation of appeal by asserting the other ground for dismissal. Phillips v. Phillips, 160 La.…