Mitchell v. Earcetera, Inc.

SAVOIE, Judge.

This matter is presently before the Court on a motion to dismiss the appeal of an eviction judgment as suspensive. It was filed as a writ application, but we consider such matters as motions.

Plaintiffs filed suit seeking the eviction of defendant from commercial property leased by plaintiffs to defendant. Defendant’s answer asserted an affirmative defense. It was signed by a representative of defendant (corporation), as well as by defense counsel. However, the answer was not made under oath.

Judgment was signed on March 19, 1984, in favor of plaintiffs, ordering defendant to…