Opinion
No. 145.
November 17, 1960.
The Ninth Judicial District Court of the Parish of Rapides, William A. Culpepper, J., rendered judgment adverse to the defendant, and the defendant appealed. The Court of Appeal, Tate, J., held that where defendant did not appear in the Court of Appeal in person or through counsel when case was called for argument on date it had been docketed for hearing, and no brief was filed on behalf of defendant, defendant's appeal would be considered abandoned and would be dismissed.
Appeal dismissed.
J. Vance Thompson, Alexandria, for defendant-appellant.
Gold, Hall Skye, by William E. Skye, Alexandria, for plaintiff-appellee.
Before TATE, FRUGÉ and HOOD, 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, nor was any brief filed on his behalf. The appeal is therefore considered abandoned, and it will accordingly be dismissed. Rule VII, Section 4(b), Uniform Rules of the Courts of Appeal. See also: Wyatt v. Wyatt, 232 La. 467, 94 So.2d 439; Brumfield v. Giles, 231 La. 85, 90 So.2d 786, 787; Daunis v. Maryland Cas. Co., La. App. 2 Cir., 115 So.2d 225; Mitchell v. Martin, La. App. 1 Cir., 86 So.2d 211; Pharis v. Jowers, La. App. 2 Cir., 85 So.2d 389.
Appeal dismissed.