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CHARLES C. CLOY GENERAL CONTRACTORS, INC. v. DIVINCENTI BROTHERS, INC.

No. 10039.

308 So.2d 493 (1974)

CHARLES C. CLOY GENERAL CONTRACTORS, INC. v. DIVINCENTI BROTHERS, INC.

Court of Appeal of Louisiana, First Circuit.

October 14, 1974.

Attorney(s) appearing for the Case

Gordon A. Pugh, Baton Rouge, for defendant-appellant DiVincenti Bros., Inc.

W. P. Wray, Jr., Baton Rouge, for plaintiff-appellee.

Emile M. Weber, Baton Rouge, for defendant-appellee Bowman.

Before LANDRY, BLANCHE and NEHRBASS, JJ.

ON MOTION TO DISMISS APPEAL

LANDRY, Judge.

Plaintiff (Contractor) has moved to dismiss the appeal taken herein by defendant (DiVincenti) on the ground that Appellant unconditionally and voluntarily acquidesced in the judgment rendered below by paying said judgment. We deny the motion to dismiss because movant has failed to establish Appellant's intent to abandon the appeal.

On May 3, 1974, Contractor obtained judgment against DiVincenti in the sum...

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