Opinion
No. 461.
January 29, 1962.
Appeal from a judgment of the Sixteenth Judicial District Court, Parish of St. Martinville, E.L. Guidry, J. The Court of Appeal, Culpepper, J., held that an appeal will be considered abandoned and will be dismissed when appellant does not appear in person or through counsel when case is called for argument and when no brief has been filed on his behalf.
Appeal dismissed.
Roy F. Mayeux, Lafayette, for defendant-appellant.
Willis Willis, by J.B. Willis, St. Martinville, for plaintiff-appellee.
Before TATE, SAVOY and CULPEP. PER, JJ.
The appellant did not appear in person or through counsel when this case was called for argument on the date it had been docketed for hearing, and no brief was filed on his behalf. This appeal is therefore considered abandoned, and accordingly is hereby dismissed. Rule VII, Sec. 4(b), Uniform Rules of the Courts of Appeal, 8 LSA-R.S. (1960 p. p.); Allen v. Cuba, La. App., 125 So.2d 429; Woods v. Woods, La. App., 128 So.2d 796; Wagner v. Cloud et al., La. App., 134 So.2d 322 and the authorities cited therein. All costs of this appeal are assessed against the defendant, appellant.
Appeal dismissed.