Coleman v. Liberty Mutual Insurance

The appellees herein have moved to dismiss the devolutive appeal taken by plaintiff on the ground that it was applied for by motion in the lower court at a term subsequent to that at which the judgment was rendered and that citation of appeal was neither prayed for, issued, nor served upon appellees. The transcript shows that appellant’s suit was dismissed by judgment rendered on March 10, 1960, and signed March 16, 1960. It was not until October 11, 1960, that plaintiff took his devolutive appeal. This was at a term of court subsequent to that at which the judgment had been rendered and…