Opinion
No. 9170.
April 28, 1960.
Proceeding on plaintiff's appeal from the Twenty-eighth Judicial District Court, Parish of Caldwell, Clyde C. Russell, J. The Court of Appeal, Ayres, J., held that, no brief having been filed and no appearance having been made by either appellant or appellee when case was called for argument, the appeal would be presumed to have been abandoned and would be dismissed.
Appeal dismissed.
Cameron C. Minard, Columbia, for appellant.
Joseph S. Guerriero, Monroe, for appellee.
When this case was called for argument neither appellant nor appellee appeared or filed a brief. The general rule is that where an appellant neither appears, when his case is called for argument, nor files a brief the appeal will be presumed abandoned. Wyatt v. Wyatt, 232 La. 467, 94 So.2d 439 (Case 1); Core Bros. v. F. J. J. Sloat Dredging Co., 220 La. 169, 55 So.2d 904; Daunis v. Maryland Casualty Co., La. App., 115 So.2d 225.
Accordingly, the appeal is dismissed.