WESTLEY v. LAND & OFFSHORE

No. 86-C-2286.

498 So.2d 742 (1986)

Edward WESTLEY v. LAND & OFFSHORE, et al.

Supreme Court of Louisiana.

December 19, 1986.


Granted. Ruling of the court of appeal is reversed. The sanction of dismissal is excessive under the circumstances. Relator's appeal is reinstated.

DIXON, C.J., concurs.

Although the Court does have the statutory right to dismiss an appeal (it is a litigant's constitutional right to appeal) the provision in Court of Appeal rules 2-12.12 declaring an appeal abandoned when the lawyer is late with the brief probably exceeds the authority...

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