Opinion
No. 4990.
March 3, 1960. Rehearing Denied March 21, 1960.
APPEAL FROM TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON, STATE OF LOUISIANA, HONORABLE C.A. BARNETT, J.
Robert L. Richmond, Bogalusa, for appellant.
Tucker Schonekas, New Orleans, for appellee.
Before ELLIS, LOTTINGER, TATE, FRUGÉ, and LANDRY, JJ.
When this case was called for argument, neither appellant nor his counsel appeared, nor has a brief been filed in support of this appeal. Consequently, the appellant is presumed to have abandoned it. Brumfield v. Giles, 231 La. 84, 90 So.2d 786; Mitchell v. Martin, La.App. 1 Cir., 86 So.2d 211.
The appeal is dismissed.
On Application for Rehearing
Counsel for the defendant-appellant has filed an application for rehearing alleging that his client did not intend to abandon the appeal, even though his attorney failed to show up for the oral argument and has neglected to file a brief. The reasons alleged for a rehearing are totally insufficient. Further from an excess of caution, we have read the record and find that the defense to this suit is completely without merit.
Rehearing refused.