Legal Opinion

Estate of Boudreaux v. Verdin

Louisiana Court of Appeal

Decided December 27, 1982No. 82 CM 0901PublishedCited by 7 opinions

1Opinion of the Court

WATKINS, Judge.

This is a consolidated suspensive appeal of judgments of eviction obtained by the Estate of Claude P. Boudreaux against Anthony R. Verdin and Curtis Verdin. The Estate of Claude P. Boudreaux filed a motion to dismiss the appeal as a suspensive appeal because the answer to the eviction rule did not set forth an affirmative defense under oath of defendants as is an underlying requisite to perfecting a suspen-sive appeal under LSA-C.C.P. art. 4735.

LSA-C.C.P. art. 4735 reads as follows:

“An appeal does not suspend execution of a judgment of eviction unless the defendant has answered…

2Cases cited3 opinions

  1. McMillan v. ChauvinLouisiana Court of Appeal · 1973
  2. Aucoin v. WilliamsLouisiana Court of Appeal · 1974
  3. Brewer v. ShiflettLouisiana Court of Appeal · 1966

3Cited by7 opinions

  1. Robert v. Bayou Bernard Marine, Inc.Louisiana Court of Appeal · 1987
  2. Thomas v. KnightLouisiana Court of Appeal · 1983
  3. 1205 St. Charles Condo. Assoc. Inc. v. AbelLouisiana Court of Appeal · 2018
  4. 1205 St. Charles Condo. Assoc. Inc. v. AbelLouisiana Court of Appeal · 2018
  5. James Gary Gobert v. Derrick E. Haley, Et Ux.Louisiana Court of Appeal · 2015

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