Opinion
No. 4010.
October 27, 1972.
APPEAL FROM 12TH JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES, BEN C. BENNETT, JR., J.
Ford Nugent by Howard N. Nugent, Jr., Alexandria, and Garrett Ryland by B. Dexter Ryland, Alexandria, for defendant and appellant.
Charles A. Riddle, Marksville, for plaintiff and appellee.
Before FRUGÉ, CULPEPPER and DOMENGEAUX, JJ.
The defendant-appellant has neither appeared nor filed a brief prior to the time this case was called for argument on September 27, 1972. Under the Uniform Rules, Courts of Appeal, Rule VII, Seection 5(b), 8 LSA-R.S., we consider the appeal abandoned and subject to dismissal, Hollier v. Smith, 250 So.2d 497 (La.App. 3rd Cir. 1971).
For the reasons assigned, defendant's appeal is dismissed at his cost.
Appeal dismissed.