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459 So. 2d 177

Beach v. Beach

Louisiana Court of Appeal

Decided October 31, 1984

Louisiana Court of Appeal · decided 1984-10-31

Relies on 282 So. 2d 119 - Malone v. Malone

Decided 1984-10-31

¶1*178JUDGMENT GRANTING MOTION TO DISMISS

PER CURIAM.

¶2The appellant appealed a judgment sustaining an exception of no cause of action to his petition to modify a prior custody award to his former wife.

¶3The judgment was signed on June 22, 1984. The delay for taking an appeal commenced to run on July 2,1984. The motion and order of appeal was filed on August 8, 1984.

¶4The appellee filed a motion to dismiss the appeal because it was untimely.

¶5The delay for appeal of a judgment denying an application to modify custody is 30 days from the applicable date provided in LSA-C.C.P. arts. 2087(l)-(3). LSA-C.C.P. arts. 3943, 3942; Malone v. Malone, 282 So.2d 119 (La.1973). No application for new trial was here filed and the 30 days for appeal commenced to run on July 2. The appeal was taken more than 30 days from the time when the delay period commenced to run and was untimely-

¶6The motion to dismiss the appeal is granted and the appeal is dismissed.

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