Liggio v. Judeh

JUDGMENT ON MOTION TO DISMISS

BARRY, Judge.

Plaintiffs filed a rule for possession of premises alleging defendant violated their lease by failing to obtain proper insurance and maintain the property. Defendants answered that the premises were fully insured and the lease had not been violated. The trial judge granted the eviction, ordered the premises vacated, and defendants appealed suspensively.

Plaintiff now seeks to dismiss the appeal pursuant to LSA-C.C.P. Art. 4735 which provides:

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