State v. Busch

The 1966 Court of Appeal judgment contains no award in favor of the Department of Highways against the landowners for the $32,439.00 excess payment.1 The parties concede this. The judgment merely *555decrees that the award to the landowners be reduced “from the sum of $52,232.50 to the sum of $24,000.00.” 188 So.2d 495, 498. The landowners applied for writs, but this Court denied review. See 249 La. 736, 190 So.2d 241. Hence, the Court of Appeal judgment became final.

Based upon the Court of Appeal judgment, an exception of res judicata was filed by the landowners in this proceeding. They contend…