FERINA v. HOWARD

No. 4344.

285 So.2d 805 (1973)

Julius F. FERINA, Plaintiff-Appellee, v. Edward HOWARD, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

On Rehearing November 5, 1973.

Rehearing Denied December 3, 1973.


Attorney(s) appearing for the Case

Marion O. White, White & Pitre, Opelousas, for defendant-appellant.

Garland & DeJean by Harry B. Garland, Opelousas, for plaintiff-appellee.

Before FRUGE, CULPEPPER and MILLER, JJ.


ON MOTION TO DISMISS APPEAL

MILLER, Judge.

Plaintiff appellee Julius F. Ferina seeks to dismiss the suspensive appeal of defendant appellant Edward Howard, on the grounds that there can be no suspensive appeal taken in forma pauperis. LSA-C. C.P. Art. 5185. Ferina also complains that Howard has not timely paid the cost of preparing the record on appeal and the filing fee required by the appellate court as set out in LSA-C.C.P. Art. 2126 and LSA-R.S. 13:4445...

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