Goldking Properties Co. v. Primeaux

Although the majority decision seems to reach an equitable result, I do not believe that it correctly applies the law.

I find at least two problem areas in the majority opinion. First, at the foundation of the opinion is the unsupported conclusion that “recordation is an effect of a judgment.” Since La. Code Civ.Pro. art. 2123 provides that a suspensive appeal “suspends the effect or the execution of an appealable order or judgment,” and since the majority finds that recordation is an effect, they conclude that the recorded judgment is null and void during the pend-ency of a suspensive appeal.…