Opinion
No. 2005 CA 0538.
June 20, 2007. NOT DESIGNATED FOR PUBLICATION
APPEALED FROM THE EIGHTEENTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF WEST BATON ROUGE SUIT NUMBER 30,914, HONORABLE JAMES J. BEST, JUDGE.
James L. Maughan Baton Rouge, Louisiana, Counsel for Plaintiff/Appellee John B. Edgar III.
Tommy Thompson Port Allen, Louisiana, Counsel for Defendant/Appellant Charles R. Werchan.
BEFORE: KUHN, GUIDRY, AND PETTIGREW, JJ.
On August 20, 2003, Judge James Best of the Eighteenth Judicial District Court signed a judgment in favor of John B. Edgar III against Charles R. Werchan. Werchan filed a notice and order for devolutive appeal of the August 20, 2003 judgment on October 15, 2003, and Judge Best signed the order granting the appeal on October 22, 2003. A deputy clerk of court of the district court mailed a notice of the granting of the order of appeal that same date, which further advised that under La. C.C.P. art. 2126, all estimated costs of the appeal must be paid to the clerk within 20 days. No further action by the parties to that judgment has been taken in the appeal thereof since that date.
Therefore, based on the parties' failure to take any step in the prosecution or disposition of the appeal of the August 20, 2003 judgment for a period of over three years, we hereby dismiss the appeal of the August 20, 2003 judgment as abandoned. See La. C.C.P. art. 2165 and Local Rules, Court of Appeal, 1st Cir. Rule 4; see also Willis v. State ex. rel. Louisiana Dept. of Highways, 321 So. 2d 817 (La.App. 1st Cir. 1975); Hollenbach v. Mt. Beacon Insurance Co. 289 So. 2d 519 (La.App. 1st Cir. 1974); and United States Fidelity G.Co. v. Aetna Cas. Sur. Co., 298 So. 2d 132 (La.App. 3d Cir. 1974). This memorandum opinion is issued in compliance with Uniform Rules, Courts of Appeal, Rule 2-16.1(B).
APPEAL DISMISSED.