Opinion
No. 12050.
April 3, 1973.
APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA, STATE OF LOUISIANA, HONORABLE FRED FUDICKAR, JR., J.
Paul Henry Kidd, Monroe, for appellant.
Massey Robinson, by Charles W. Robinson, West Monroe, for appellee Esther L. Powell.
Before AYRES, BOLIN, and PRICE, JJ.
From a judgment sought at the instance of a creditor of this succession, ordering an administration of the estate and succession and directing that Arthur W. Humble, in his capacity as testamentary executor, furnish bond or security for the faithful performance of his duties as executor, the executor applied for and was granted orders of suspensive and devolutive appeals.
Appellant neither appeared nor filed a brief in this court prior to the time this cause was called for argument.
Hence, under Rule VII, Section 5(b) of the Uniform Rules of the Courts of Appeal, the appeal taken in this cause is considered and deemed abandoned and is, accordingly, dismissed at appellant's costs.
Appeal dismissed.