BRITT v. BROCATO

No. 1636.

170 So.2d 516 (1965)

Edith Mae BRITT v. James BROCATO and Anthony Brocato.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 8, 1965.


Attorney(s) appearing for the Case

Salvador Anzelmo, New Orleans, and Alvin W. LaCoste, for plaintiff-appellant.

Cabibi & Cabibi, Charles E. Cabibi, New Orleans, for defendants-appellees.

Before McBRIDE, SAMUEL and HALL, JJ.


PER CURIAM.

We rendered the judgment in this case on December 7, 1964. On December 21, 1964, just three days after defendants-appellees had filed an application for rehearing which we had not acted upon and which we will not consider due to the result reached in this per curiam, the appellees, for the first time, filed a motion to dismiss the appeal on the ground that the appeal bond had not been timely filed.

The appeal is a devolutive one. The judgment appealed...

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