Opinion
No. 600.
June 13, 1962.
Action wherein the Thirteenth Judicial District Court, Parish of Evangeline, Joe R. Vidrine, J., rendered a judgment from which defendants appealed. The Court of Appeals, Tate, J., held that appeal would be considered abandoned and would be dismissed, with costs against appellants, where appellants, after so notifying court, did not appear in person or through counsel when case was called for argument, and no brief was filed.
Appeal dismissed.
Donald Soileau, Mamou, for defendants-appellants.
Fusilier, Pucheu Soileau, by L.O. Fusilier, and Fruge Foret, by J. Burton Foret, Ville Platte, for plaintiffs-appellees.
Dubuisson Dubuisson and William A. Brinkhaus, by Edward Dubuisson, Opelousas, for intervenor-appellee.
Before TATE, HOOD and CULPEPPER, JJ.
After so notifying this court, the defendants-appellants did not appear in person or through counsel when their case was called for argument on the date it had been docketed for hearing, and no brief was filed on their behalf. This appeal is therefore considered abandoned, and accordingly is hereby dismissed. Rule VII, Section 4(b), Uniform Rules of the Courts of Appeal, 8 LSA-R.S. (1960 pocket part); Fuselier v. South Louisiana Contractors, La. App. 3 Cir., 138 So.2d 453, and authorities cited therein. All costs of this appeal are assessed against the defendants-appellants.
Appeal dismissed.