Barbari v. Firemen's Insurance Co.

ELLIS, Judge.

Plaintiffs cumulated their claims against four separate insurance companies as a result of the loss by fire of certain furniture and fixtures covered under policies issued by each of the defendants. The matter was appealed to the Supreme Court, which ordered the appeal transferred here. See 231 La. 679, 92 So.2d 580.

The cause is now before us on a Motion to Dismiss the appeal filed upon behalf of the defendants upon the grounds of five years non-prosecution of the appeal.

This motion is based upon Article 3519 of the LSA-Civil Code, which reads:

“If the plaintiff in this case,…