SLAY v. ATER

No. 4633.

294 So.2d 843 (1974)

Roscoe SLAY, Plaintiff, Appellee, Relator, v. Donald E. ATER, Individually, et al., Defendants, Appellants, Respondents.

Court of Appeal of Louisiana, Third Circuit.

May 17, 1974.


Attorney(s) appearing for the Case

Norman M. Magee, Ferriday, for defendant appellants respondents.

H. James Lossin, Sr., Reeves, Lossin & Owens, Jonesville, for plaintiff appellee relator.

Before MILLER, DOMENGEAUX and WATSON, JJ.


MILLER, Judge.

Plaintiff relator Roscoe Slay filed a motion in this court seeking to dismiss the timely perfected but unlodged suspensive appeal taken by defendants respondents Donald E. Ater, et al. We deny the motion.

Relator contends that respondents failed to timely pay the clerk of court all "fees due the clerk of the trial court for preparing the record of appeal." Under LSA-R. S. 13:4445, these costs must be paid not later than three days before the...

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