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DOWDEN v. MILLER

No. 14744.

404 So.2d 1270 (1981)

Hoover DOWDEN v. Curby MILLER, et al.

Court of Appeal of Louisiana, First Circuit.

September 28, 1981.

Attorney(s) appearing for the Case

Victor L. Marcello, Talbot, Sotile, Carmouche, Waguespack & Marchand, Donaldsonville, for plaintiff and appellant.

Donald R. Smith, Ellison & Smith, Baton Rouge, for defendants Curby Miller and Allstate Ins. Co. and appellees.

Melanie Ann Kleinpeter, Kleinpeter, Kleinpeter & Kleinpeter, Baton Rouge, for defendant, Charter National Ins. Co., and appellee.

Before ELLIS, LOTTINGER and PONDER, JJ.

LOTTINGER, Judge.

Defendant-appellee has filed this motion to dismiss this appeal on the grounds that plaintiff-appellant did not pay the costs of the appeal timely nor did plaintiff qualify in forma pauperis within the time period allowed by law.

We glean the following facts from the record that are relevant to a resolution of this motion. Suit for damages was filed on January 10, 1977. Subsequently on April 11, 1978, an order to proceed in forma pauperis...

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