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357 So. 2d 919

Merchant v. Mowad

Louisiana Court of Appeal

Decided May 3, 1978

Louisiana Court of Appeal · decided 1978-05-03

Decided 1978-05-03

DOMENGEAUX, Judge.

¶1MOTION TO DISMISS

¶2George B. Mowad, M. D., the defendant-appellant, moves for leave of this court to abandon his appeal and obtain its dismissal. The motion is unopposed.

¶3We grant the motion to dismiss.

¶4Rule VII, Section 3 of the Uniform Rules of the Courts of Appeal provides in pertinent part that:

“In the absence of a timely answer to the appeal or other formal action to amend or modify the judgment appealed, the appellant alone may, by his formal Motion to Dismiss, on leave of the court, forthwith abandon his appeal and obtain a dismissal.”

¶5Since an answer to the appeal has not been filed, nor has any other formal action to amend or modify the judgment appealed been taken, the appeal is hereby dismissed at defendant-appellant’s costs.

¶6APPEAL DISMISSED.

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