Legal Opinion

City Savings Bank & Trust Co. v. Johnson

Louisiana Court of Appeal

Decided November 30, 1973No. 4372PublishedCited by 3 opinions

1Opinion of the Court

MILLER, Judge.

Defendant Wilma Jean Johnson appeals the trial court judgment denying her status as a preferred creditor in the distribution of excess proceeds realized from a sheriff’s sale of the community’s mortgaged immovable property. We affirm.

Plaintiff City Savings Bank & Trust Company answered the appeal, but did not file a brief and failed to appear in person or through counsel when the case was called for argument. The answer filed by appellee is equivalent to an appeal from a portion of the judgment. LSA-C. C.P. Art. 2133. Due to its failure to appear or file a brief prior to the…

2Cases cited4 opinions

  1. Johnson v. JohnsonLouisiana Court of Appeal · 1972
  2. Bell v. BellLouisiana Court of Appeal · 1969
  3. Henry v. RoqueLouisiana Court of Appeal · 1944
  4. Associates Financial Services, Co. v. HillebrandtLouisiana Court of Appeal · 1971

3Cited by3 opinions

  1. Clark v. Schwegmann Giant SupermarketLouisiana Court of Appeal · 1999
  2. Duhon v. Albertson's, Inc.Louisiana Court of Appeal · 2002
  3. Tarlton Bernard and Addison Provost v. Bfi Waste Services, LLCLouisiana Court of Appeal · 2021

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