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MACEDONIA BAPTIST FOUNDATION v. SINGLETON

No. 12906.

379 So.2d 267 (1979)

The MACEDONIA BAPTIST FOUNDATION v. Louise SINGLETON, Hosea Henry, Robert Henderson, Albert Babin and Rev. James Thomas.

Court of Appeal of Louisiana, First Circuit.

September 26, 1979.

Attorney(s) appearing for the Case

Murphy W. Bell, Baton Rouge, of counsel for plaintiff-appellee, Macedonia Baptist Foundation.

Ralph L. Roy, Baton Rouge, of counsel, for defendants-appellants, Louise Singleton, Hosea Henry, Robert Henderson, Albert Babin, and Rev. James Thomas.

Before COVINGTON, LOTTINGER and COLE, JJ.

COLE, Judge.

Appellee, The Macedonia Baptist Foundation, moves to dismiss asserting the appeal is frivolous, it was not timely perfected, and the question presented was previously decided by this court.

The remedy for frivolous appeal is not dismissal but affirmance of the judgment when the appeal is heard and found to be without merit. Diecidue v. Kilpatrick, 86 So.2d 757 (La.App.Orl.Cir.1956). Adequate sanction...

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