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SMITH v. DELTA FOOD MART

No. 10095.

364 So.2d 665 (1978)

Sylvia S. SMITH v. DELTA FOOD MART and Matthew M. Sumich.

Court of Appeal of Louisiana, Fourth Circuit.

November 27, 1978.

Attorney(s) appearing for the Case

Randy O. Lewis, Hackman & Lewis, Boutte, for Sylvia S. Smith, plaintiff-appellant.

Phillip D. Lorio, III, Deutsch, Kerrigan & Stiles, New Orleans, for Delta Food Mart, defendant-appellee.

Before SAMUEL, GULOTTA and BOUTALL, JJ.

ON MOTION TO DISMISS APPEAL

BOUTALL, Judge.

Appellee, Delta Food Mart, has filed a motion to dismiss the appeal of appellant Sylvia S. Smith on the basis that the appellant has failed to pay the estimate appellate costs to the Clerk of the trial court after demand. By affidavit of the Clerk, we are informed that appellant had not applied for an extension of the return date, September 11, 1978, and has never paid the appellate costs or filing fees and as...

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