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SCHMOLKE v. CLARY

No. 2003 CA 2107.

884 So.2d 675 (2004)

Robert H. SCHMOLKE and Robert H. Schmolke, A Professional Law Corporation v. James R. CLARY, Jr. and Clary Law Firm.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 9, 2004.

Attorney(s) appearing for the Case

Michael V. Clegg, Steven P. Lemoine, Baton Rouge, Counsel for Plaintiffs/Appellees Robert H. Schmolke, et al.

Keith D. Jones, Baton Rouge, Counsel for Defendants/Appellants James Clary, Jr. and Clary Law Firm.

Before: GUIDRY, GAIDRY, and McCLENDON, JJ.

McCLENDON, J.

The issue raised on appeal in this action is whether the trial court erred in dismissing the defendants' appeal for nonpayment of the appeal costs pursuant to LSA-C.C.P. art. 2126. For the following reasons, we affirm.

Robert H. Schmolke, individually and as Schmolke Professional Law Corporation, filed suit against James R. Clary, Jr. and Clary Law Firm, seeking damages for breach of contract. After trial on the merits, the trial court rendered...

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