HENRY WATERS TRUCK & TRACTOR CO., INC. v. RELAN

No. 9151.

277 So.2d 463 (1973)

HENRY WATERS TRUCK & TRACTOR CO., INC. v. Sam RELAN.

Court of Appeal of Louisiana, First Circuit.

On Rehearing April 24, 1973.

Writ Refused June 21, 1973.


Attorney(s) appearing for the Case

John J. Cosner, Jr., Cosner & Matheny, Hammond, for appellant.

Charles B. W. Palmer, Palmer & Palmer, Amite, for appellee.

Before LOTTINGER, ELLIS and CRAIN, JJ.


ON MOTION TO DISMISS

ELLIS, Judge.

Defendant has filed a motion to dismiss based on an alleged voluntary acquiescence in the judgment by plaintiff by paying the full amount thereof to defendant. The stipulation in the record reveals that, at the time the judgment was paid, plaintiff's counsel advised defendant's counsel that plaintiff might later take an appeal.

Article 2085 of the Code of Civil Procedure provides that no appeal can be taken by one...

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