Mid-State Homes, Inc. v. Lertrge

WATSON, Judge.

This is an appeal by Mid-State Homes, Inc., plaintiff from judgment rendered in favor of Clement Lertrge (Lartigue)1 and his wife, Roselle B. Lertrge (Lartigue), defendants which sustained an exception of no cause and no right of action, dismissed plaintiffs’ petition for executory process, and issued a preliminary injunction against the sale of the Lartigues’ home.

MOTION TO DISMISS APPEAL

Defendants have moved to dismiss the appeal on the basis of LSA-C.C.P. art. 2642, contending that plaintiff is not entitled to a devolutive appeal. This article is not applicable to an appeal…