Succession of Raziano

KLIEBERT, Judge.

This appeal is from a judgment in the amount of $48,000.00 plus twenty percent interest per annum from March 3, 1973 until paid, in favor of the Succession of Henry A. Raziano, Sr. and against the administrator, Henry A. Raziano, Jr. The award is based on the damages and penalty interest authorized by La.C.C.P. Article 3222. Raziano, the administrator, contends that: (1) under the provisions of La.C.C.P. Article 425 the heirs lost their right to pursue any claim they may have had against him for personal liability, because they sought to remove him from office for the same act…