Levert v. Sun Exploration & Production Co.

I concur in the result reached by the majority. This case presents an unusual situation wherein the plaintiffs were paid the full amount of their judgment, executed a satisfaction of that judgment, then appealed asking for an increase. Although I do not believe Code of Civil Procedure Article 2085 envisioned this situation, the article’s underlying principle is applicable. That is, even though it is the successful plaintiff who seeks to appeal after acknowledging satisfaction of the judgment, I believe he is precluded from doing so unless he reserves his right to appeal in the satisfaction…