History
  • No items yet
midpage
Thibodeaux v. Thibodeaux
326 So. 2d 408
La. Ct. App.
1976
Check Treatment
WATSON, Judge.

On 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.

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

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

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

Dismissed.

Case Details

Case Name: Thibodeaux v. Thibodeaux
Court Name: Louisiana Court of Appeal
Date Published: Feb 4, 1976
Citation: 326 So. 2d 408
Docket Number: No. 5292
Court Abbreviation: La. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.