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CEFALU SUPPLY, INC. v. PARK PLACE HOMES

No. 6484.

299 So.2d 432 (1974)

CEFALU SUPPLY, INC. v. PARK PLACE HOMES et al.

Court of Appeal of Louisiana, Fourth Circuit.

August 1, 1974.

Attorney(s) appearing for the Case

Cronvich & Wambsgans, Richard M. Michalczyk, Metairie, for plaintiff-appellee.

J. J. Morrison, Jr., New Orleans, for defendant-appellant.

Before GULOTTA, BOUTALL and SCHOTT, JJ.

GULOTTA, Judge.

This matter is before us on a motion to dismiss filed by the plaintiff-appellee based upon defendant-appellant's failure to pay court costs and filing fee not later than three days before the extended return day as required by LSA-C.C.P. 2126 and LSA-R.S. 13:4445. The motion was filed on July 2, 1974, more than four months after the expiration of the extended return day of February 14, 1974. Attached to plaintiff's motion was an affidavit of Ronald...

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