Simon v. Broussard

HOOD, Judge.

Plaintiffs, Edmar Simon, Jr., and his wife, instituted this suit against Darmas Broussard for the annulment of a sheriff’s sale, for an accounting, for damages and for other forms of relief. The trial court rendered judgment sustaining a plea of res judicata filed by the defendant, and dismissing plaintiffs’ suit with prejudice. Plaintiffs have appealed.

The issue presented here is one of law, and that is whether the “thing demanded” in the instant suit is the same as the thing which was demanded in two prior actions filed by one of the plaintiffs. Each of these prior actions…