Tolmas v. Tatum

BOUTALL, Judge.

This is an appeal from a judgment of eviction. Vernon Tatum, Jr., the defendant, has suspensively appealed the judgment. Plaintiff, Oscar J. Tolmas has moved to dismiss the appeal on the grounds that defendant did not file an answer asserting an affirmative defense verified by the oath of the defendant.

The record discloses that no answer was filed in this case. Defendant argues that he asserted his affirmative defense in testimony under oath at the trial. This argument has been considered by this court before and rejected. McMillan v. Cahuvin, 281 So.2d 181 (La.App. 4th Cir.…