GUTIERREZ v. BECNEL

No. CA2971.

458 So.2d 1043 (1984)

Larry P. GUTIERREZ v. Elmore BECNEL, Mid South Utilities and Equitable General Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1984.


Attorney(s) appearing for the Case

Samuel Richard Exnicios, Liska, Exnicios & Nungesser, New Orleans, for mover.

Before REDMANN, C.J., and WARD and WILLIAMS, JJ.


REDMANN, Chief Judge.

Plaintiff moves dismissal of defendants' appeal (now lodged in this court) because defendants instructed the court reporter to delay transcribing the testimony because settlement was being negotiated. Plaintiff argues that was a "de facto abandonment of the appeal."

La.C.C.P. 2162 provides: "An appeal can be dismissed ... if, under the rules of the appellate court, the appeal has been abandoned." Plaintiff does not cite any court rule...

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