Murrhee v. Martin

Louisiana Court of Appeal

Decided June 11, 1982

Louisiana Court of Appeal · decided 1982-06-11

Relies on 402 So. 2d 222 - Marcum v. Inter-Ocean Insurance · Barre v. Barre

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-11

How this case has been cited

Cited by 23 later decisions — most recently April 2007

23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LOTTINGER, Judge.

¶1Appellees, Henry Martin and McDonalds Corporation, move to dismiss the unlodged appeal of appellant for failure to pay the estimated court costs and fees timely.

¶2The return date of the appeal was fixed for May 3, 1982. No extensions of the return date were granted. Pursuant to La. Code Civ.P. Art. 2126, an extension was granted on April 1,1982, allowing appellant until April 19, 1982, to pay the estimated costs and filing fees. These have not been paid.

¶3The proper forum for a resolution of this issue is in the trial court. La.Code Civ.P. arts. 2088(9) & 2126; Marcum v. Inter-Ocean Insurance Company, 402 So.2d 222 (La.App. 1st Cir.1981); Barre v. Barre, 389 So.2d 918 (La.App. 4th Cir.1980).

¶4Therefore, the motion is denied at appel-lees’ costs.

¶5MOTION DENIED.