HOWARD v. HERCULES-GALLION CO.

No. 82 CM 0380.

417 So.2d 508 (1982)

Willie HOWARD v. HERCULES-GALLION CO., et al.

Court of Appeal of Louisiana, First Circuit.

June 29, 1982.


Attorney(s) appearing for the Case

Robert E. Kerrigan, Jr., New Orleans, for Peabody, defendant-appellee.

Gordon Hackman, Boutte, for Willie Howard, plaintiff-appellant.

Before LEAR, CARTER and LANIER, JJ.


LANIER, Judge.

The defendant-appellee, Peabody International, Inc., moves to dismiss this unlodged devolutive appeal on the ground it was not timely perfected.

On November 4, 1981, when this case was called for trial on the merits, counsel for the appellant (plaintiff), Willie Howard, filed a written motion for a continuance on the grounds that the plaintiff was not competent to testify and that he was not ready to proceed with the case. After hearing the...

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