# Howard v. Hardware Mutual Casualty Insurance Co.

> Louisiana Court of Appeal · June 30, 1971 · 251 So. 2d 642

URL: https://www.frixlaw.com/law-library/cases/7444745

## Case

- **Full name:** Mrs. Leona HOWARD v. HARDWARE MUTUAL CASUALTY INSURANCE COMPANY
- **Court:** Louisiana Court of Appeal
- **Decided:** June 30, 1971
- **Citations:** 251 So. 2d 642; 1971 La. App. LEXIS 5870
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ellis
- **Judges:** Blanche, Ellis, Landry
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7444745

## Opinion text

ELLIS, Judge.
On March 11, 1971, plaintiff was granted a devolutive appeal to this court, returnable on May 10, 1971. The judgment appealed from was signed on December 10, 1970, and new trial was denied on January 4, 1971.
Because Hardware Mutual Casualty Company and Southern Truck Service, Inc. had earlier taken a suspensive appeal, the record was completed and lodged with this court on April 23, 1971.
This motion alleges that plaintiffs never paid the $25.00 filing fee required by R.S. 13:352(1) and Rule 1, Section 10 of the Uniform Rules of the Courts of Appeal, and that their appeal must be dismissed. The certificate of the Clerk of the 19th Judicial District Court, attached to the motion, shows that plaintiffs did not pay the $25.00 filing fee, and nothing appears in the record to the contrary.
The failure to pay the filing fee timely is grounds for dismissal, even if the other costs are paid and the record timely lodged. Cobb v. Bergeron, 223 So.2d 483 (La.App. 1 Cir. 1969).
Plaintiffs’ appeal is therefore dismissed, at their cost.
Appeal dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7444745. Public record. Not legal advice.