SMALLWOOD v. STERLING GACHASSIN BEER DISTRIBUTOR

No. 2858.

225 So.2d 763 (1969)

Anthony SMALLWOOD, Plaintiff-Appellant, v. STERLING GACHASSIN BEER DISTRIBUTOR et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

August 7, 1969.


Attorney(s) appearing for the Case

Sidney P. Landry, Jr., Lafayette, for plaintiff-appellant.

Landry, Watkins, Cousin & Bonin, by Alfred S. Landry, New Iberia, for defendants-appellees.

En Banc.


On Motion to Dismiss the Appeal.

TATE, Judge.

The defendants move to dismiss the appeal on the ground that, due to fault of the appellant, the record was not filed timely.

The plaintiff's compensation suit was dismissed after trial. The plaintiff perfected the appeal on March 10, with the return day fixed for April 21. As of this date, the district clerk had not secured any extension of this return day. LSA-CCP Art. 2125; LSA-R.S. 13:4438.

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