Opinion
No. 8053.
September 30, 1953. Rehearing Denied November 3, 1953.
APPEAL FROM FIRST JUDICIAL COURT, PARISH OF CADDO, STATE OF LOUISIANA, HONORABLE ROBERT J. O'NEAL, J.
Albert E. Bryson, Shreveport, for appellant.
Malcolm W. Feist and Charles M. Peters, Shreveport, for appellee.
The demand in this cause is one to compel defendant to open Simms Street as it is alleged to be shown on a plat annexed to the deed to plaintiffs, and in the alternative for a servitude over what is designated on the plat as Simms Street.
After trial on the merits there was judgment in favor of plaintiffs on the alternative demand for a servitude and defendant was granted suspensive and devolutive appeals to this court, which were perfected by filing appeal bond in the sum of $600.
The record contains no evidence fixing any value of the matter in contest, and for this reason this cause will be remanded to the lower court for the purpose of establishing appellate jurisdiction. Castleberry v. Ethridge, 223 La. 466, 65 So.2d 138 and cases cited; Brown v. Mayfield, La.App., 61 So.2d 248.
For these reasons, this cause is remanded to the lower court for the purpose of adducing evidence to establish appellate jurisdiction. Costs of this appeal to be paid by defendant-appellant. All other costs to await final determination of this cause.
On Rehearing
Plaintiff has filed application for rehearing, in which he claims that our decree remanding his cause is indefinite and should be clarified. We are authorized to clarify the decree without the necessity of granting a rehearing, and accordingly our decree is recast so as to read as follows:
For these reasons this cause is remanded to the lower court for the purpose of adducing evidence to establish appellate jurisdiction. When appellate jurisdiction has been so established, orders of appeal may then be taken, returnable to the appellate court having jurisdiction.
All costs to await final determination of this cause.
Rehearing denied.