Munster v. O'Flarity

REDMANN, Chief Judge.

Defendants move dismissal of plaintiffs’ appeal on quantum from a judgment in plaintiffs’ favor. Defendants argue that La.C.C.P. 2085 disallows plaintiffs’ appeal because by a party “who voluntarily and unconditionally acquiesced in a judgment rendered against him_”

Plaintiffs’ lawyer accepted payment for his clients, and gave a receipt acknowledging “satisfaction of the judgment ..., and ... certifypng] that the court’s docket should be and it hereby is marked ‘satisfied.’ ” A few days thereafter, as their lawyer’s letter calculating the amount of that payment had stated…