CARTER v. COKER

No. 10287.

169 So.2d 604 (1964)

Mrs. Stella Bradshaw CARTER et al., Plaintiffs-Appellants, v. Lawson Dewey COKER et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 1, 1964.


Attorney(s) appearing for the Case

Ferdinand A. Cashio, Lewis Weinstein, Shreveport, for appellants.

James M. Barton, Shreveport, curator ad hoc for Lawson Dewey Coker, defendant-appellee.

Lunn, Irion, Switzer, Trichel & Johnson, Blanchard, Goldstein, Walker & O'Quin, Shreveport, for Benedum-Trees Oil Co., defendant-appellee.

Before HARDY, GLADNEY, and AYRES, JJ.


AYRES, Judge.

Plaintiffs appealed from a judgment decreeing their action to have been abandoned by their inaction for a period of time in excess of five years, as prescribed by LSA-C.C.P. Art. 561. They, however, did not timely appear nor file brief as required by the Rules of Court.

Under Uniform Rules, Courts of Appeal, Rule VII, Section 5(b), 8 LSA-R.S., the court may, ex proprio motu, "Consider abandoned and dismiss the appeal in any case in which the...

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