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326 So. 2d 408

Thibodeaux v. Thibodeaux

Louisiana Court of Appeal

Decided February 4, 1976

Louisiana Court of Appeal · decided 1976-02-04

Cited by 1 later decisions — most recently August 1977

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1976-02-04

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WATSON, Judge.

¶1On our own motion we note that this appeal was not filed timely. Final judgment was signed granting divorce, custody and alimony on June 23, 1975. Since there was personal service, there was no requirement for notice of judgment. LSA-C.C.P. art. 1913. The delay for applying for a new trial expired seven days thereafter, excluding legal holidays. LSA-C.C.P. art. 1974. The motion for appeal was made and granted on August 8, 1975, long after the 30-day period for an appeal in a case involving a divorce, custody or alimony had expired. LSA-C.C.P. arts. 3942 and 3943.

¶2Therefore, the appeal is dismissed as not being filed timely.

¶3Although the appeal is dismissed, we direct the attention of counsel and the trial court to the provisions of LSA-C.C.P. art. 1703.

¶4Costs, insofar as they are taxable in a pauper case, are assessed against appellant, Leon A. Thibodeaux.

¶5Dismissed.

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