Opinion
No. 5158.
January 30, 1961. Rehearing Denied March 6, 1961.
Civil action. The District Court, Parish of St. Tammany, Robt. D. Jones, J., rendered judgment and defendants appealed. The Court of Appeal, Herget, J., held that, ex proprio motu, appeal would be considered abandoned where defendant-appellant neither appeared nor filed any brief prior to date fixed for submission of case.
Appeal dismissed.
Mike Culligan, Jr., Lacombe, for appellant.
G.P. Fedoroff and Breard Snellings, New Orleans, for appellee.
Before ELLIS, LOTTINGER, HERGET and LANDRY, JJ.
This matter was fixed for argument on December 5, 1960. The defendant-appellant having neither appeared nor filed any brief prior to the date fixed for the submission of the case, the Court, ex proprio motu, under Rule VII, Section 4(b), 8 LSA-R.S. providing:
"Consider abandoned and dismiss the appeal in any case in which the appellant has neither appeared nor filed brief prior to the date fixed for submission of the case.",
considers said appeal abandoned. In addition, see Couvillion v. Payne, La. App.., 103 So.2d 524.
For these reasons, the appeal is dismissed at defendant-appellant's cost.
Appeal dismissed.
JONES, J., recused.