
    DEPARTMENT OF HIGHWAYS of the State of Louisiana v. Joseph T. SPINOSA dba Royal Angus Restaurant.
    No. 11070.
    Court of Appeal of Louisiana, First Circuit.
    Jan. 19, 1977.
    Johnie E. Branch, Jr., Robert H. Marve, Baton Rouge, of counsel, for plaintiff-appel-lee.
    Joseph P. Brantley, IV, Baton Rouge, of counsel, for defendant-appellant.
    Before ELLIS, CHIASSON and PONDER, JJ.
   CHIASSON, Judge.

This appeal was fixed for argument on November 9, 1976, and alb attorneys of record were notified. At the time scheduled for argument, the appellant was not present or represented, nor had any brief been filed on behalf of appellant, nor had any motion been filed for continuance.

On authority of Rule VII, Section 5(b), this Court, ex proprio motu, considers said appeal as abandoned; therefore, it is ordered that this appeal be dismissed with prejudice.

APPEAL DISMISSED.  