DI LEO v. DI LEO

No. 274.

128 So.2d 262 (1961)

Mrs. Theresa LA BORDE, Wife of Dr. Lucas A. DI LEO, v. Dr. Lucas A. DI LEO.

Court of Appeal of Louisiana, Fourth Circuit.

April 3, 1961.


Attorney(s) appearing for the Case

Sam Monk Zelden, New Orleans, for defendant-appellant.

Charles E. Cabibi, New Orleans, for plaintiff-appellee.

Before JANVIER, YARRUT and SAMUEL, JJ.


JANVIER, Judge.

This matter is before us on motion of appellee to dismiss the devolutive appeal of defendant.

On August 12, 1960, defendant obtained an order for a devolutive appeal to this Court and this appeal was duly lodged. Appellee moved to dismiss that appeal on the ground that, though the order of appeal had been granted on motion during vacation of the District Court, citation of appeal was never prayed for nor issued as required by law. We dismissed...

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