Impastato v. Bruno

LOBRANO, Judge.

The sole issue in this appeal is whether the trial judge erred in awarding monetary damages in this summary eviction proceeding.

Plaintiff, Joseph Impastato, alleging non payment of rent for the months of July, August, September and October, 1985, filed a rule for possession of the premises at 531 St. Louis Street in New Orleans, La. Plaintiff also prayed for the subsequent termination of the lease and for all rents due.

Defendant, Frank Bruno, answered the rule admitting non payment of the rent, but sought, by way of reconventional demand, an abatement of the past due…