Louisiana Appeal Costs Law
La. C.C.P. art. 2126(B) provides that costs of appeal are to be paid within twenty days of the mailing of notice of estimated costs.
La. C.C.P. art. 2126 sets forth the procedure for payment of appeal costs as follows:
A. the clerk of the trial court, immediately after the order of appeal has been granted, shall estimate the cost of the preparation of the record on appeal, including the fee of the court reporter for preparing the transcript and the filing fee required by the appellate court. the clerk shall send notices of the estimated costs by certified mail to the appellant and by first class mail to the appellee.
B. Within twenty days of the mailing of notice, the appellant shall pay the amount of the estimated costs to the clerk. the trial court may grant one extension of the period for paying the amount of the estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension.
E. If the appellant fails to pay the estimated costs, or the difference between the estimated costs and the actual costs, within the time specified, the trial judge, on his own motion or upon motion by the clerk or by an party, and after a hearing, shall:
(1) Enter a formal order of dismissal on the grounds of abandonment; or
(2) Grant a ten day period within which costs must be paid in full, in default of which the appeal is dismissed as abandoned.
Pray v. First National Bank of Jefferson Parish, 93-3027 (La. 02/11/94), 634 So. 2d 1163, is instructive in stating:
The primary purpose of La. Code Civ. Proc. art. 2126's authorization to dismiss appeals for non-payment of costs is to dismiss the appeal as abandoned, in those case in which the appellant files a timely appeal and thereafter decides not to pursue it. a secondary purpose is to ensure prompt payment of costs of appeal by dilatory appellants.
In Pray, the court found an abuse of discretion by the trial court in immediately dismissing an appeal which clearly had not been abandoned, pursuant to a motion to dismiss filed immediately after the expiration of the twenty-day period for paying costs under art. 2126, without affording appellant a brief extension of time for payment of costs.