# Traigle v. Gulf Coast Aluminum Corp.

> Louisiana Court of Appeal · October 23, 1980 · 391 So. 2d 1290

URL: https://www.frixlaw.com/law-library/cases/7506790

## Case

- **Full name:** Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana v. GULF COAST ALUMINUM CORPORATION
- **Court:** Louisiana Court of Appeal
- **Decided:** October 23, 1980
- **Citations:** 391 So. 2d 1290; 1980 La. App. LEXIS 5102
- **Precedential status:** Published
- **Opinion:** Concurrence by Edwards
- **Judges:** Chiasson, Cole, Covington, Edwards, Ellis, Lear, Lottinger, Ponder, Watkins
- **Cited by:** 8 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/7506790

## Opinion text

EDWARDS, Judge,
concurring:
I agree with the result reached here by the majority. If confession is good for the soul, this writer must acknowledge his error in signing the decision in Hall v. Board of Supervisors, Southern University, La.App., 387 So.2d 643 , on the Docket of this Court.
I wrote Willie v. Otasco, 347 So.2d 1215 (La.App. 1st Cir. 1977), and still agree with it.
The “obtaining” of an order of appeal under La.C.C.P. 2121 is essential, I think, for appellate jurisdiction to attach.
The matter of dismissal of appeals because of any other irregularity, error or defect “imputable to appellant” has nothing to do with the matter of correctly obtaining an order of appeal.
The Supreme Court, on October 6, 1980, although with a dissent, denied writs in Hall . Here, this court, divided five to four, overrules Hall . This posture calls out for an opinion from the Supreme Court determining if “obtained” means what I think it means, or if it means file, and then perhaps mail, or attempt to file or mail.
Although appeals are favored in the law, I believe that “obtain” means get it done and not file it. There is enough delay in the law now. We don’t need any more.
For these reasons, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7506790. Public record. Not legal advice.