Summary
In Sims v. Sims, 228 La. 622, 83 So. 2d 650 (1955), the appellant filed a motion to dismiss the appeal after the appeal had been set for hearing. The appellee refused to join in the motion to dismiss, and the court, citing the state's code of practice, stated that the appellant was not entitled to have the appeal dismissed.
Summary of this case from State v. SchnellOpinion
No. 42058.
November 7, 1955.
APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE G. CALDWELL HERGET, J.
D'Amico Curet, Baton Rouge, for appellant.
Joseph A. Gladney, Baton Rouge, for defendant-appellee.
After the appeal in this case was set for hearing, the plaintiff-appellant filed a motion to dismiss the appeal after costs. The appellee refused to join in the motion to dismiss the appeal and on hearing of the appeal is asking for the affirmance of the judgment. The appellant is not entitled to have the appeal dismissed in the absence of the consent of the appellee. Louisiana Code of Practice, Articles 594, 595 and 901.
We have reviewed the record in this case and have arrived at the conclusion that the judgment appealed from is correct and should be affirmed.
For the reasons assigned, the judgment of the lower court is affirmed at appellant's cost.