DeKAY v. KOCH

No. 5060.

256 So.2d 470 (1972)

R. H. DeKAY, Jr., and James L. Head v. Jack E. KOCH.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1972.


Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John W. Haygood, New Orleans, for plaintiffs-appellees.

James David McNeill, New Orleans, for defendant-appellant.

Before LEMMON, GULOTTA and BOUTALL, JJ.


ON MOTION TO DISMISS

BOUTALL, Judge.

In this case plaintiff has filed a motion to dismiss defendant's appeal on the ground that the defendant-appellant did not pay to the clerk of the trial court, at least three days prior to the return date, all costs of preparing the record on appeal, and the filing fee required by the appellate court, in compliance with LSA-C.C.P. art. 2126.

The record shows that the judgment in plaintiff's favor was read, rendered...

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